Experienced Los Angeles Personal Injury Attorney for California Premises Liability Cases
California property owners have a duty under the law to take steps to protect guests and patrons on their premises from risks on their property, and such owners may be liable to injured plaintiffs whether they are a business, public entity, or private owner. An injured victim is not required to show that the property owner actively caused the victim’s injury, but rather that the property owner failed to uphold its legal duty to prevent the risk of injury, and that, as a result, the victim was in fact injured. Premises liability cases are notoriously difficult to bring, but the Law Office of Tal Rubin, PC in Los Angeles can help you prepare and prove a successful case.
When is an Owner Liable for Injuries I Suffered While on Their Property?
Property owners – whether a big-box retail store, a landlord, a residential homeowner, or the city – are required to take reasonable care in preventing injuries from dangerous conditions on their property. Such dangerous conditions can run the gamut from slippery floors to a rabid dog to noxious fumes emanating from a laboratory. A property owner must use reasonable care to discover unsafe conditions and then to repair, replace or give adequate warning of anything that could foreseeably harm others. When courts look at whether a property owner is liable for a victim’s injuries, they will balance the following factors in determining liability:
- Location of the property
- Likelihood that the plaintiff would be on the property
- Likelihood of harm to the plaintiff
- Probable seriousness of harm to the plaintiff
- Whether the defendant should have known of the condition creating the risk
- Difficulties in protecting against the risk of such harm
- The extent of defendant’s control over the property
- Any other relevant factors
What if I am the Victim of a Crime on Another Person’s Property?
Where an individual has been the victim of a crime on another’s property, the crime victim may bring a premises liability claim against the owner based on the legal concept that the owner was negligent in providing adequate security. For example, if a hotel negligently allowed key cards giving room access to be left in a place where criminals could use them to break into guest rooms, the hotel could be liable for the guests’ losses. Property owners who may commonly be proper defendants in cases alleging negligent security include the following:
- Hotels and Motels
- School Dormitories
- Vacation Rentals (including Airbnb rentals)
- Private parks
- Venues and Theatres
- Commercial Stores
- Parking Structures and Facilities
- Apartment Buildings
In such cases, an injured plaintiff may be able to recover by showing that the property owner failed to take reasonable security steps, including installing and maintaining proper lighting and security systems, or by failing to hire responsible and/or adequate security staff.
Work with the Law Office of Tal Rubin, PC to Bring Your Southern California Premises Liability Claim
Proving that a defendant should have been aware of a dangerous condition but failed to repair it in a reasonable time before the accident can be challenging, and the help of a knowledgeable and experienced premises liability attorney can be critical to the success of your case. In southern California, call the Law Office of Tal Rubin, PC in Los Angeles for a free consultation on your claim.