Proof of negligence relies on various evidence showing that a property owner owed you a legal duty of care and violated that duty of care. Establishing a claim based on negligence also relies on evidence that the property owner’s failure to live up to the duty of care directly caused your injuries and financial losses. You may have a valid premises liability claim if you can prove that a property owner’s negligence brought injuries to you.
Learning how you can prove negligence in a premises liability case in Los Angeles can be crucial to your claim. You should understand the complete array of legal options for holding property owners accountable for their negligence before making any major decisions about accepting a settlement in your case.
Injuries and Premises Liability Claims
The most recent statistics from the Centers for Disease Control and Prevention (CDC) indicate that annual physician office visits for accidental injuries numbered 39.5 million, and annual emergency room visits for accidental injuries numbered 29.4 million. While not every accidental injury leads to a personal injury claim, thousands of these injuries do result in premises liability claims when people suffer injuries while on the property of others.
Elements of Negligence
All premises liability claims that rely on negligence require proof of each of four elements of negligence, including the legal duty of care, a violation of that duty of care, causation, and injuries. Injury victims who can provide evidence of each element of negligence can seek compensation for their losses from the parties who are liable for causing their injuries.
A Legal Duty of Care
California Civil Code (CIV) §1714 defines the legal duty of care that a property owner must exercise to avoid liability for property guests. All property owners must reasonably maintain their property for the safety of customers and other visitors. The level of care that rises to the level of reasonably safe depends on what a prudent property owner would do in the same or similar circumstances.
Violation of the Duty of Care
A violation of the legal duty of care can occur in various ways. For instance, property owners may fail to properly inspect, discover, and remedy hazards on their property, which could be everything from poorly lit parking lots to loose floor tiles to spills that could cause others to slip and fall.
Once property owners determine that a hazard exists on their property, they must take reasonably immediate action to remedy the problem or at least warn guests of the potential hazard. If property guests suffer injuries because an owner failed to care for their property, the owner could be found negligent or legally liable for those injuries.
Causation
The third element of negligence involves proving that the negligence or violation of the property owner’s duty of care caused the injuries. In other words, injury victims must provide evidence that their injuries were a direct result of the property owner’s negligent actions.
For instance, if a property owner is aware that flooring is loose, a stair railing is broken, or a ceiling tile has become waterlogged and ready to fall in a retail store, and the property owner takes no action within a reasonable time to fix or warn others of the problem, that property owner could face liability for any resulting injuries.
Damages
Damages are the injuries or losses that individuals suffer in an accident while on the property of others. Proving the existence of damages is critical to a successful claim for compensation. Eligible items of compensation vary according to the extent of the accident and state law.
However, common compensation types can include medical expenses, rehabilitation costs, physical pain and suffering, lost wages, and permanent disabilities. Part of proving negligence in a Los Angeles premises liability case, therefore, may require documentation of expenses related to your injuries, such as medical records and bills.
Contact Us Today to Learn More About Your Legal Options
If the fault of others brought harm to you while you were on their property, you might have a legal claim for compensation against the property owners and related parties. From slip and fall accidents in grocery stores to a lack of security in dark shopping mall parking lots, you could hold negligent property owners accountable for their actions.
Proving negligence is not always straightforward, so enlisting the help of premises liability lawyers to gather evidence on your behalf may be beneficial.
You can take the first step to hold negligent property owners liable for the costs of your injuries. Call (800) 223-5115 today to schedule a free case evaluation. At Pintas & Mullins Law Firm, you pay nothing upfront for us to start handling your legal claim. We receive no fees from you unless we win a settlement for you.