Premises Liability Attorney in Torrance, CA

What is premises liability in California?

Premises liability refers to the legal responsibility of a property owner or occupier to ensure that their property is safe for visitors or individuals who enter the premises. In California, premises liability laws establish the duty of care that property owners or occupiers owe to those who come onto their property. If a person is injured due to a hazardous condition on someone else's property, they may be able to pursue a premises liability claim. Here are key points to understand about premises liability in California:

1. Duty of Care: Property owners or occupiers have a duty to exercise reasonable care to maintain their property in a safe condition for visitors. This duty applies to both residential and commercial properties.
2. Types of Visitors: California law distinguishes between three types of visitors when determining the level of duty owed by the property owner or occupier: invitees, licensees, and trespassers.

a. Invitees: Invitees are individuals who enter the property for a business purpose or for the property owner's benefit, such as customers in a store. Property owners owe the highest duty of care to invitees and must take reasonable steps to address known or discoverable dangers.

b. Licensees: Licensees are individuals who enter the property with the owner's permission but for their own purposes, such as social guests. Property owners have a duty to warn licensees about known hazards that may not be obvious.

c. Trespassers: Trespassers are individuals who enter the property without permission. Property owners generally owe a limited duty of care to trespassers, but they must avoid causing intentional harm or setting traps.

3. Dangerous Conditions: Property owners or occupiers must maintain their premises in a reasonably safe condition and address any dangerous conditions that could potentially cause harm. This includes addressing hazards such as wet floors, uneven surfaces, inadequate lighting, broken steps, or other defects.

4.Notice: Property owners may be held liable for dangerous conditions that they knew about or should have known about through reasonable inspections or prior incidents. Constructive notice may be established if the dangerous condition existed for a sufficient period that the property owner should have discovered and addressed it.

5. Comparative Fault: California follows a comparative fault system, which means that if the injured party contributed to their own injury by their actions or negligence, their compensation may be reduced based on their percentage of fault.

6. Potential Damages: In a successful premises liability claim, the injured party may be entitled to various damages, including medical expenses, pain and suffering, lost wages, property damage, and in some cases, punitive damages.

If you have been injured on someone else's property and believe it was due to a hazardous condition, call our office today to consult with a personal injury attorney specializing in premises liability cases in California. An attorney can assess the specific details of your case, determine the property owner's liability, and guide you through the process of pursuing a premises liability claim.

What damages are recoverable in California for a premises liability claim?

In California, if you pursue a premises liability claim and are successful in proving the property owner's negligence, you may be eligible to recover various types of damages. The specific damages recoverable in a premises liability claim can vary depending on the circumstances of the case and the extent of the injuries. Here are common types of damages that may be recoverable:

1. Medical Expenses: You can seek compensation for all reasonable and necessary medical expenses related to your injuries. This includes costs for emergency medical care, hospitalization, surgeries, medications, rehabilitation, therapy, and any other medical treatments required to address your injuries.
2. Pain and Suffering: Damages may be awarded for the physical pain, discomfort, and emotional distress caused by the injuries. This can include the immediate pain and suffering, as well as any ongoing or chronic pain resulting from the incident.
3. Lost Wages: If your injuries prevent you from working or result in a loss of income, you may be entitled to compensation for the wages you have lost. This can include both past and future lost wages or a decrease in earning capacity due to your injuries.
4. Property Damage: If your personal property was damaged or destroyed as a result of the incident, you may be able to recover compensation for the repair or replacement of the damaged items.
5. Rehabilitation and Therapy: If you require ongoing rehabilitation or therapy to recover from your injuries, the cost of these treatments may be included in the damages you can recover.
6. Disfigurement or Scarring: If your injuries result in visible disfigurement or scarring, you may be eligible for compensation for the physical and emotional impact caused by these permanent changes to your appearance.
7. Loss of Enjoyment of Life: If your injuries have significantly impacted your ability to engage in activities you previously enjoyed, you may be able to recover damages for the loss of enjoyment of life.
8. Punitive Damages: In certain cases involving extreme negligence or intentional misconduct by the property owner, punitive damages may be awarded. Punitive damages are meant to punish the defendant and deter similar conduct in the future.

To determine the specific damages you may be able to recover in your premises liability claim, call our office today to consult with a personal injury attorney who specializes in premises liability cases in California. An attorney can evaluate the details of your case, assess the potential damages, and guide you through the legal process to pursue fair compensation for your injuries and losses.