Koreatown Premises Liability Lawyer

Koreatown Premises Liability Attorney

When the term “premises liability” is referred to in a legal context, it refers to the doctrine that holds property owners accountable for any accidents or injuries that happen on their premises. Incidents like slips and falls and dog bites put property owners in a vulnerable position to fund any injuries that were caused by their inability to address property hazards. Consulting a Koreatown premises liability lawyer in these instances is recommended to file a liability claim.

At Heimanson & Wolf, LLP, we understand the stress and anxiety that comes with initiating a premises liability case. Our team of experienced attorneys has dedicated years to mastering this field of law to help guide our clients toward the most advantageous resolution possible. If you are someone who has recently experienced injuries in Koreatown due to unsafe conditions on someone else’s property, contact us today for a consultation.

What Are the Four Elements Required in a Premises Liability Lawsuit?

Any premises liability lawsuit has four main elements that need to be satisfied. This includes a duty of care, breach of that duty, causation, and damages. Each of these elements has to be clearly proven in court for a plaintiff to be able to receive financial compensation for the injuries they sustained from the accident. Understanding these elements in greater detail can help you anticipate how they may apply to your own case.

Duty of Care

The first element, a duty of care, must be satisfied to illustrate the legal obligation the property owner had toward the plaintiff. The property owner’s legal duty will vary based on how the “visitor” is classified. Someone who was invited to enter the property or legally resides on the property has more rights to pursue these types of claims over someone who was trespassing.

One example is someone who owns a grocery store has an obligation to keep the aisles free from any spills so that a customer does not slip and fall while they shop. There is a legal duty that is inherited when the grocery store owner purchases the property. The same concept applies to homeowners who are required to keep their guests safe by securing loose handrails and filling in new potholes in the driveway, among other hazards that can arise during ownership.

Breach of Duty

Breach of duty is the second element that must be satisfied in a premises liability case. It requires the injured party to prove how the property owner failed to keep the premises safe from hazards. This could be through an intentional action, like causing a hazard, or by neglecting an unsafe condition that they were aware of but neglected.

Continuing the example from earlier, the grocery store owner would be held liable if they were aware of a spill in an aisle but refused to clean it up promptly or display a sign that warned patrons of the condition. The same applies to landlords who refuse to repair something that was brought to their attention by one of their tenants that later caused them injury.

Causation

Causation links the established breach of duty to the injury that a plaintiff has sustained. It requires a plaintiff to present evidence with their attorney that makes a direct connection between the defendant’s negligence to their injury. This could include witness testimonies who were nearby when the injury happened, surveillance footage that brings everyone directly to the scene, or professional analysis of medical records that connect these dots.

Damages

The final condition to satisfy is damages, which refers to the injuries that were suffered by the plaintiff as a result of the property owner’s breach of duty. The possible physical injuries in these cases range widely from fractures and sprains to more serious conditions of lacerations and head injuries. This can also include mental health issues, such as anxiety, depression, or any trauma that now exists and requires therapy to cope.

FAQs for Premises Liability Attorneys

Q: How Long Do I Have to Pursue a Premises Liability Claim in California?

A: In most cases, a plaintiff has two years after the date of an accident to pursue a premises liability claim to satisfy the statute of limitations. Failing to file a claim after an injury due to a dangerous condition within this timeline can forfeit your right to seek compensation. This is why it’s recommended to act promptly after these incidents and hire a personal injury lawyer to ensure you are able to meet all these legal deadlines and secure funds that are rightfully yours.

Q: What Is the Cause of Action for Premises Liability?

A: A “cause of action” for premises liability is when a property owner fails to maintain safe property conditions that result in an injury to someone visiting. This type of negligence can involve different examples of inaction, such as slippery floors or elevator accidents, that can be linked to the property owner. To succeed in a premises liability case, the plaintiff must prove that the dangerous conditions that caused the accident are directly linked to their injuries.

Q: What Is Negligent Infliction of Emotional Distress?

A: An example of “negligent infliction of emotional distress” happens when one party’s negligence causes extreme cases of emotional trauma to someone else. Within the context of premises liability, this happens when a traumatic incident occurs due to the property owner’s failure to address a dangerous condition. A personal injury lawyer can be a helpful resource in these cases, as emotional distress claims can be more difficult to quantify.

Q: Why Is Premises Liability Important?

A: Premises liability is important in the legal field as it helps to keep our communities safer from dangerous conditions across various properties. Legally encouraging property owners to keep their properties safe helps to ensure that residents of Koreatown are able to visit businesses, residencies, and other public spaces without a risk of injury. It was designed to promote an overall higher standard of care and safety that contributes to the well-being of a community.

Contact Heimanson & Wolf, LLP Today

If you have recently been injured on someone else’s property and are looking for compensation, contact Heimanson & Wolf, LLP, as soon as you can. Our team of attorneys can help to protect your rights and earn as much compensation as possible to help you recover and move on with your life from this incident.