Whittier Premises Liability Lawyer

Whittier Premises Liability Attorney

Premises liability is the legal concept that property owners are responsible for any accidents that happen to their occupants or visitors. When these instances occur, like when someone slips and falls or is bitten by a dog on the property, it makes the owner vulnerable to a lawsuit that would compensate for the individual’s damages. The most popular legal resource to contact in these scenarios is a Whittier premises liability lawyer to help pursue an official liability case.

At Heimanson & Wolf, LLP, we empathize with how stressful it feels to consider starting a premises liability case. It’s why our team of seasoned personal injury attorneys has spent years learning more about this area of the law and how we can apply it to secure the most favorable outcomes for our injured clients. If you have recently experienced an injury and believe it was due to an unsafe condition on someone else’s property, give us a call today.

What Are Some Examples of a Premises Liability Case in Whittier?

There are a number of different scenarios that could warrant the start of a premises liability case. Some of these include:

Slip and Fall Accidents

When someone slips or falls due to an unsafe condition that would not have happened if the condition was addressed, it opens up the possibility for a premises liability case. This could happen from wet floors that were not blocked off until they were dry, or a surface that has become uneven over time and was left unaddressed. If the injured party can link their injuries to any of these conditions, they may be able to secure compensation under premises liability law.

Dog Bites

When a dog bites someone visiting a property, the owner has the possibility to face legal recourse for any damages that were caused by the incident. For example, if a property owner had been warned in the past that their dog had aggressive tendencies and was unsafe to be left alone, the owner could be sued for neglecting to restrain the dog properly. Any medical treatments or time missed from work due to a dog bite could qualify for compensation.

Inadequate Maintenance

Property owners are responsible for inspecting and maintaining their property as time goes on to fix any hazards that will inevitably occur. Staying on top of this responsibility can help ensure the property is always safe for visitors and shields the owner from the potential of a lawsuit. However, when this responsibility is neglected, it makes the property owner vulnerable to a premises liability case that would require them to fund any victim’s damages.

Swimming Pool Accidents

Anyone who owns a swimming pool on their property that will be utilized by visitors has a duty to keep the experience safe. This is especially true for swimming pools, which are prone to causing injuries. Some common steps to keep the premises safe include fencing off specific areas of the property, putting up signs with safety warnings and instructions, and maintaining the various surfaces in and around the pool. Failure to do so can put visitors at risk for injury.

Toxic Exposure

Hazardous substances like mold or asbestos are commonly found on different properties. Exposure to these substances can cause health conditions, such as respiratory challenges. It’s up to the property owner to regularly test for the prevalence of these substances on their property. Failure to do this opens up the possibility that someone will become sickened from the exposure while on the property and will initiate a claim to have their medical care reimbursed.

FAQs for Premises Liability Lawyers

Q: What Is the Statute of Negligence in California?

A: The statute of negligence in California is the legal framework designed to hold property owners responsible for any harm that was caused to others by their inaction to resolve hazards. In these cases, it’s up to the injured party to prove that the defendant owed a duty of care, they neglected to uphold that duty, and personal injuries were caused as a result. Maintaining a safe property is necessary to shield property owners from facing these types of liability claims.

Q: What Is the 5-Year Rule in California?

A: The 5-year rule in California details how long it must take before a legal action must be brought to trial or resolved. If a case is not brought to trial within this period, it risks being dismissed. This rule was designed to ensure disputes are resolved in a timely manner and serves as motivation for both parties to pursue their claims. For personal injury cases, it’s important to be aware of both the statute of limitations and the 5-year rule to avoid losing the right to seek compensation.

Q: What Four Elements Are Required for a Negligence Lawsuit?

A: To file a negligence lawsuit, the injured party must satisfy the four elements of duty, breach, causation, and damages. The plaintiff starts by showing how the defendant owed them a duty of care. Next, the evidence must suggest that the duty was breached through negligent actions. It then must be demonstrated how this breach caused the injuries. Finally, a plaintiff must quantify the damages they sustained, like sharing their medical bills or reporting a loss of income.

Q: What Is the Assumption of Risk in Premises Liability?

A: The assumption of risk in premises liability cases refers to a defense that can be used by property owners to argue that the injured party voluntarily accepted the known risks with a particular activity or condition. For example, if someone chose to dive into a pool where there were numerous clearly marked signs that said “no diving,” the property owner could argue that the claimant assumed a risk that was properly communicated.

Contact Heimanson & Wolf, LLP Today

If you are facing injuries related to an unsafe condition that happened on someone else’s property, you may be entitled to compensation that could cover many of the costs incurred from your injury. Contact Heimanson & Wolf, LLP today to learn more about what options exist for your specific situation. Having us as a legal resource can help protect your rights and secure the funds you need during this difficult time in your life. We look forward to learning more about your case.