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In A Premises Liability Case, Who Do I Sue?

Apr 29, 2022 | Premises Liability

All property owners in Los Angeles, including private and government property owners, have a legal obligation to keep their properties safe.

A premises liability case is a lawsuit in which the plaintiff seeks to hold an owner or occupier of property liable for injuries, deaths, and other damages that occur on their property. These cases are often brought by people who have been injured as a result of something happening on the defendant’s property.

In order to prevail in these types of lawsuits, plaintiffs must show that the person they are suing was negligent or careless in some way-which can be established if there were dangerous conditions present at the time of the accident.

What Compensation Am I Entitled To After I Have Been Injured As A Result Of A Premises Liability?

Your injuries can be severe and life-changing, whether you slipped on a damp floor at a shopping mall, stumbled on garbage in a grocery store, or fell on a damaged stair at a neighbor’s house. If you have been injured as a result of a premises liability accident, you may be entitled to compensation for the following:

  • Emotional anguish
  • Wages that have been lost
  • Medical expenses
  • Loss of consortium

In a premises liability case, determining who is at fault is difficult. In order to win a premises liability claim, an injured person must show that he or she was hurt as a result of the property owner’s or manager’s negligence. An injured person must show that the following are true:

  • The plaintiff was injured.
  • Defendant was careless in the use or management of the property, and this conduct was the primary cause of plaintiff’s injuries.
  • The property where the incident occurred was leased, owned, occupied, or controlled by the defendant.

Who Is Responsible for My Accident?

As previously stated, all property owners have a responsibility to maintain their premises in a reasonable manner. A property owner’s duty of care entails any activities that a reasonable property owner would take or should have taken in identical circumstances.

It’s also crucial to realize that a property owner’s duty of care varies based on who is on the premises. There are also cases where an injured person’s negligence contributed to the accident’s cause. In such circumstances, the property owner and the injured individual may share liability.

  • When determining whether a property owner/manager has breached his or her duty of care, the following factors will be taken into account:
  • What is the address of the property?
  • Given the facts, how likely is it that an injury will occur?
  • In these circumstances, how serious could an injury be?
  • What level of control did the property owner have over the dangerous situation?
  • How much of a hassle would it have been to reduce or eliminate the dangerous situation?
  • Is it possible that the owner was aware of or should have been aware of the hazardous condition that caused the accident?

In A Premises Liability Case, Who Do I Sue?

Any person or company that owns, leases, occupies, or controls the property where the accident occurred can normally bring a premises liability claim for damages against any person or company that owns, leases, occupies, or controls the property where the accident occurred.

By acquiring premises liability insurance or delegating the critical responsibility of keeping their property in safe shape, property owners or managers cannot totally protect themselves from liability. Even if they outsource maintenance responsibilities to an employee or hire an independent party who is later deemed negligent, a property owner or management is always liable for the safety of their premises.

In conclusion, whenever a dangerous condition causes to injuries, the property owner or manager may be held liable for the resulting damages.

Ask Us Anything About Premises Liability Lawsuits

If you or someone you know has been injured as a result of premises liability, please contact KAASS LAW at 310-933-5171. Feel free to speak to one of our representatives about booking a consultation with our attorney.