How to Establish Liability in a California Premises Liability Claim

By: JML Law | August 23, 2018.
How to Establish Liability in a California Premises Liability Claim

In California, landowners are required to make sure that their estate is safe for guests. Their duty is determined based on the rapport between the two parties, and the purpose of the guest being invited onto the owner’s land. In a premises liability case, the plaintiff’s premises liability attorney in Los Angeles is expected to prove four basic facts:

  • The defendant leased, owned, or controlled the property
  • They were negligent in maintaining the property
  • The plaintiff sustained an injury
  • The main cause of the plaintiff’s injuries was the defendant’s negligence

There are several factors that can change how the liability is apportioned according to law. For instance, if conditions are so dangerous that it should be obvious to the guest, the landowner is not required to warn them of the risk. However, these decisions are made based on case-by-case terms, so anyone thinking about filing a premises liability lawsuit should speak with their premises liability attorney in Los Angeles for the best results.

Premises Liability Lawsuit Case Example

Last winter, a mother, and son were killed in a heart-rending accident near the Lake Tahoe area. The news reported that they were on a ski trip to Kirkwood after a large snowstorm. At 4 p.m. they were last seen on the slopes, and family members became concerned around 6:40 p.m. when they didn’t return.

Once they were reported missing, a glove was discovered sticking out of the snow near where the family was staying by one of their neighbors. Upon digging, they found both mother and child buried beneath the snow pile. They were transported directly to a local hospital, but they were not able to recover from the sustained injuries.

During the investigation, authorities discovered that the snow slid off the roof of a building nearby, smothering the woman and her son. In this case, the owners of the ski resort could be held liable for not clearing off the roof after a monster storm.

However, for a plaintiff without the right attorney, the owner could argue that the aftermath of a large snowstorm is a dangerous situation that should have been obvious to the mother, making her more cautious, even though it made for good skiing conditions. A good attorney is often the difference between losing a case and receiving fair compensation. For this reason, it’s important to hire a premises law attorney in Los Angeles as soon as possible after your injury.

What to Do If You’re Injured on Someone Else’s Property

If you or someone you love has been hurt on another person’s property, you may be eligible to recover damages. This is true whether you were a paying customer or a social guest. A premises liability attorney in Los Angeles can help you obtain proper compensation to pay your medical bills and cover any lost wages and psychological harms. The lawyers at JML Law have vast experience with personal injury claims, winning cases for victims or they are next of kin. To speak to a lawyer and arrange a free consultation, call us at 818-610-8800 today.

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