Koreatown Premises Liability Attorney

What is Premises Liability?

Premises liability is a legal concept that holds property owners and occupiers responsible for accidents and injuries that occur on their property due to unsafe or hazardous conditions. Under California law, property owners have a duty of care to ensure that their premises are reasonably safe for visitors, tenants, customers, and others who may enter the property. If they fail to maintain safe conditions and someone gets injured as a result, they may be held liable.

To successfully pursue a premises liability claim in California, the following elements must be proven:

1. Duty of Care

The first element is to show that the property owner or occupier owed you a duty of care. This duty varies depending on your legal status while on the property, which is generally classified into three categories:

• Invitees: Individuals invited to the property for business purposes, such as customers or clients. The property owner owes the highest duty of care to invitees.
• Licensees: Individuals on the property for non-commercial reasons with the owner's permission, such as social guests. Property owners owe a moderate duty of care to licensees.
• Trespassers: Individuals who enter the property without permission. In most cases, the property owner has a limited duty of care, but they must avoid willfully causing harm.

2. Breach of Duty

Once a duty of care is established, the next step is to prove that the property owner breached this duty. This means showing that the owner failed to maintain the premises in a reasonably safe condition or neglected to fix or warn about known hazards.

3. Causation

It must be proven that the breach of duty directly caused your injuries. This element requires demonstrating that the dangerous condition on the property was a significant factor in causing the accident.

4. Damages

Finally, you must show that you suffered actual damages as a result of the accident. Damages can include physical injuries, medical bills, lost wages, pain and suffering, and more.

Common Types of Premises Liability Cases

Premises liability encompasses a variety of accident types. At Carpenter & Zuckerman, we handle all kinds of premises liability claims, including:

• Slip-and-Fall Accidents: Slip-and-fall accidents are among the most common premises liability cases. These accidents can occur due to wet floors, uneven surfaces, loose carpets, or poorly maintained sidewalks. Property owners must address these hazards or warn visitors to avoid liability.
• Inadequate Security: Property owners are responsible for providing adequate security measures to protect visitors from foreseeable criminal activities. Inadequate security claims can arise if an individual is assaulted, robbed, or otherwise harmed due to insufficient security measures, such as lack of lighting, security cameras, or guards.
• Swimming Pool Accidents: Swimming pools can pose significant risks if not properly maintained or supervised. Drowning, slip and fall accidents, and other injuries can occur if safety features like fencing, warning signs, or pool covers are lacking.
• Dog Bites: Property owners may be liable for dog bites that occur on their property, especially if they were aware of the dog’s aggressive tendencies. California has strict liability laws for dog owners, meaning they can be held responsible even if the dog had no prior history of biting.
• Elevator and Escalator Accidents: Faulty or poorly maintained elevators and escalators can lead to devastating accidents. Property owners have a duty to ensure that these machines are regularly inspected and repaired to avoid injury to users.
• Fire Hazards and Electrical Accidents: Faulty wiring, lack of fire alarms, or inadequate emergency exits can lead to serious injuries or fatalities. Property owners must ensure their buildings comply with fire and electrical safety standards.