4 Common Premises Liability Cases

cartoon-of-man-falling≈If you or a loved one has suffered an injury directly caused by unsafe conditions or defective products on another person’s property, a premises liability case may be filed. Negligence is the most prominent factor. There are various types of premises liability cases, generally falling back on the property owner’s failure to use reasonable care in maintaining it.

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The most common premises liability cases include:

Slip and Fall Cases

If the property owner knew about the condition, such as a cracked sidewalk, obstruction on the floor, obscured hole, or damaged step that caused your injury, they can be held liable. The owner is also liable if they should have known about the condition, could have fixed it, or failed to conduct an inspection.

Dog/Animal Bites

The dog owner is typically liable unless the incident did not occur on the owner’s property; the victim was partially at fault, which could reduce the total award; or the dog was defending itself or another human being. However, violation of local leash laws or leaving outside gates open may prove negligence, depending on the case.

Lack of Maintenance

Property owners must take care to prevent the harm of other people. They have a duty to inspect the property and to make reasonable repairs. If you know of a maintenance issue, it should be corrected. Otherwise, you could be held liable should it cause a personal injury.

Inadequate Security

The owner may be liable if a security issue did not prevent a crime that resulted in your injury. If the incident occurred in a high-crime area, one could argue security measures should have been in place. A failure to improve lighting conditions can also place liability on the property owner.

Premises liability cases may also include:

  • Snow and ice accidents
  • Elevator/escalator accidents
  • Swimming pool accidents
  • Water leaks/flooding/wet floors
  • Exposure to chemicals/toxic fumes
  • Preventable fires
  • Hidden extension cords
  • Loose carpets or rugs

Premises Liability Factors

Factors include the status of the person injured. A property or landowner has a duty of care to ensure the safety of an invitee or licensee, or a person who has permission to be on the property. A victim’s status as a trespasser can affect their ability to file a claim, unless the trespasser was a child.

The severity of the case is a factor and is determined by the level of neglect or severity of the injuries. Broken bones and wrongful death are examples of a more severe premises liability case. Punitive damages may play a role if clear negligence can be proven.

Legal Funding in California

FCA Legal Funding provides financial assistance for clients throughout California, who have claims similar to those mentioned above. For more information about legal funding in Los Angeles, or to learn about how we are different from a typical premises liability lawsuit loan, call 310-424-5176 or apply on our website.

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