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Downey Premises Liability Lawyer

Downey Premises Liability Lawyer

Downey Premises Liability Attorney

When “premises liability” is mentioned in legal terms, it refers to the concept that property owners are responsible for any injuries that happen on their premises. Instances like slips and falls and dog bites can place property owners in a position where they are forced to compensate for the injuries they caused by their failure to maintain safe conditions. It’s advised to reach out to a Downey premises liability lawyer in these cases to pursue a liability claim.

The team at Heimanson & Wolf, LLP, has seen how the stress and worry that comes with starting a premises liability case can cause people to leave money on the table and never hold someone accountable for their injuries. Our team of knowledgeable attorneys has spent years preventing this from happening to those injured in Downey by guiding them through the legal process and maximizing their final settlement. Contact us today to see how we can help you.

Best Downey Premises Liability Lawyer

What Are the Requirements to Initiate a Premises Liability Lawsuit in Downey?

All premises liability lawsuits have four fundamental elements that must be satisfied for them to be considered valid claims. The elements are a duty of care, breach of duty, causation, and damages. All four of these must be proven to exist in court before a property owner would be legally ordered to pay for the financial compensation of an injured party’s damages.

Duty of Care

A “duty of care” within premises liability law is the legal obligation someone inherits after they purchase a new piece of property. This means that the owner is legally required to take reasonable steps to make sure everyone who enters their property is safe.

The extent of this duty is dependent on how the visitor is classified. Those who are invited into the environment, like customers entering a store or guests being invited to a social gathering, have a greater right to pursue a claim compared to someone like a trespasser who did not have the authority to enter. While people are within the premises, the property owner is responsible for inspecting the place for potential hazards and addressing them as soon as they are aware of them.

Breach of Duty

The second element is called “breach of duty,” which requires anyone who becomes injured to demonstrate how the property owner failed to meet their duty of care. Proof of this can point to either the owner’s direct actions or negligence.

For example, if there is evidence to suggest that the property owner neglected to fix a hazard that was brought to their attention, it makes it harder for them to combat the position that they breached their legal duty. To prove they did, it will require a plaintiff and their attorney to gather compelling evidence like maintenance records and inspection reports to share in court and make the point that the property owner did not uphold their legal obligation.


The concept of “causation” helps to link an established breach of duty to the injuries that a plaintiff has reported. To satisfy this element, the plaintiff and their attorney will need to present indisputable evidence that connects the defendant’s negligence to their list of injuries.

It’s important to note that simply showing a hazard existed is not enough to win a premises liability case. Rather, the plaintiff must demonstrate how that hazard was a direct cause of their injuries. Failing to understand this distinction could weaken your claim.


The final element to satisfy is damages. This refers to the actual harm that was suffered from the property owner’s breach of duty. There are many different injuries that can qualify as damages. Physically, this could include minor fractures and sprains to more severe cases of head trauma and paralysis. From a mental health standpoint, your attorney can help you quantify any anxiety or depression you have since experienced after the incident.


Q: How Are Liability Claims Determined in Downey?

A: To determine a Downey liability claim, a plaintiff and their attorney must first prove that a property owner had a duty of care towards the injured individual. This can determine the possibility that a liability claim exists. From there, they must establish that the owner breached this duty, which, therefore, directly caused their injuries. These are the primary characteristics an attorney will try to identify before agreeing to take on a premises liability case.

Q: What Can You Be Compensated for in a Dog Bite Claim?

A: You can receive compensation for several types of damages in a dog bite claim. Any medical bills for the treatment of the dog bite can be recovered. If the injury causes you to miss work, you could have any lost wages covered. In a situation where the injury causes long-term damage that affects your ability to perform your job, the dog owner could be held liable for future earnings, as well. Additionally, pain and suffering damages can contribute to your overall compensation.

Q: What Is the Most Common Type of Liability Claims?

A: One of the most common types of liability claims in Downey are slip and fall accidents. These commonly occur in spaces like retail stores and restaurants that invite many visitors across the entire day of the business’s operations. When someone slips and falls, any evidence, such as an unaddressed spill, poor lighting, or an uneven surface, could be enough evidence to seek compensation for any injuries that resulted from the accident.

Q: What Is the Statute of Limitations for Premises Liability in Downey, CA?

A: Plaintiffs in Downey, CA, have two years after being injured on someone else’s property to start a premises liability claim. If this deadline is missed, the client will forfeit their legal right to seek compensation regardless of how compelling their evidence may be. As soon as you can, connect with a personal injury lawyer to share your story and ensure that all legal deadlines are met. Delaying this can mean forfeiting due compensation.

Contact Heimanson & Wolf, LLP for Premises Liability Representation

If you have recently been hurt on someone else’s property in Downey and are looking to be compensated for the injuries it caused, contact Heimanson & Wolf, LLP. Our team of attorneys has the knowledge and legal experience necessary to assist in your recovery process. Reach out to set up a consultation so we can assist you with putting this unfortunate event in the past.

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