Premise Liability

Slip and falls happen all the time.  In fact, thousands of slip and fall claims are made every year.  Many victims suffer serious and sometimes catastrophic injuries that can result in wrongful death.  For example, dark stairways, wet floors, and construction site shortcomings can often have disastrous results.  If you or a loved one has been a victim of a slip and fall accident you should immediately contact a Los Angeles slip and fall attorney to determine whether you are owed damages for the negligence of the property or business owner.

At Yerushalmi Law Firm, we can help you understand the law.  In a slip and fall case many different factors play a role in whether the property or business owner will be responsible for damages.  One of these factors include whether previous complaints were made about the defect that caused the accident.  Further, in any slip and fall case it is crucial to immediately obtain any and all videotapes and records from the scene of the accident.  This requires an attorney with a certain skill set, and access to private investigators who will immediately step in and handle the case.  Our Injury Needs Team at Yerushalmi Law Firm has the resources necessary to hold negligent business owners and landowners responsible.

If you or a loved one has been hurt as a result of a slip and fall  or premise liability accident and are not sure what to do or if you have any questions that have not been answered, call or text us now at (310) 777-7717 for a free, no obligation, consultation.  Remember, we do not get paid unless we win your case.

About Premise Liability in California

Premise accidents come in many different forms including, grocery store accidents, elevator and escalator accidents, amusement park accidents, and stair accidents just to name a few.

In California, a property owner has a duty to keep their property safe for visitors.  This responsibility is even higher in places like a grocery store where there are signs and advertisements to distract customers from paying attention.  If it can be proven that the property owner knew, or should have known, about the dangerous or defective condition that caused your injuries, they may be liable for damages.

Which Factors Does A Court Consider When Determining Whether the Property Owner Had A Duty?

Property owners in California are bound to keep their premises, and the passageways to and from it in safe conditions.  Property owners must use ordinary care to avoid accidents or injury to those properly entering their property.  This duty is not limited to conditions known to be dangerous but extends to those which might have been found dangerous by the exercise of reasonable care.

California Courts consider the following factors when determining the existence of a duty of a property owner and defining its scope:

  • Whether the harm suffered was foreseeable;
  • The severity of the injury;
  • The connection between the landowner or business owners conduct and the injury suffered;
  • The moral blame attached to the landowner or business owner’s conduct;
  • The policy of preventing future harm;
  •    Availability, cost and prevalence of insurance for the risk involved; and
  • The burden on the landowner/business owner of protecting against this risk.

The above factors are weighed on a scale which a knowledgeable and experienced California Premise Attorney with the right resources can tip in his or her clients favor.

 

Who Do I Sue in A Premise Liability or Slip and Fall Case?

It depends.  If you or a loved one were hurt on another person’s property you may have a claim against any person or company that owns, occupies, leases or controls the property where the accident occurred.

Property owners or managers cannot protect themselves from liability by assigning the responsibility of maintaining their property to someone else.  A property owner or manager is always responsible for the safety of their property, even if someone else is assigned to maintain the property and it is that person’s fault that there is a hazard.  Therefore, no matter what the circumstances, in California, the property owner or manager can always be held responsible for the injuries that occur on the property.

Yerushalmi Law Firm Is Here to Help

If you or a loved one has been hurt as a result of a slip and fall  or premise liability accident and are not sure what to do or if you have any questions that have not been answered, call or text us now at (310) 777-7717 for a free, no obligation, consultation.  Remember, we do not get paid unless we win your case.