When you find yourself suffering from an injury as a result of another person’s negligence of their property, it is important to know what evidence you need to file a premises liability claim in Los Angeles.
Your Status on the Property
Regardless of your status on another party’s property, you have the opportunity to pursue legal action if you suffer injury as a result of that party’s negligence. That said, you can work to establish what your status on that person’s property was at the time of the accident. The most common categories include:
- Invitees – These parties often include close family members, friends, and neighbors whom the property owner knows well. Invitees have an implicit or explicit invitation to come onto a person’s property at their leisure and are, as such, entitled to a more significant duty of care than other parties who may venture onto the property.
- Licensees – if a professional comes onto your property to help you with your electricity or other utilities, they are considered a licensee. This same title applies to businessmen or salespeople who may approach your front door unsolicited. While these parties do not entertain the same duty of care as invitees, property owners must still make a point of keeping their land safe for their visits. At a minimum, the property owner must put up signs indicating whether or not there are dangerous spots to avoid while a person may be on the property.
- Trespassers – the category of trespassers is more complex to break down. While, on average, trespassers are still entitled to a duty of care while on your property, the vast amount of coverage within this category applies to wandering children. As children are prone to exploring areas in which they are not allowed, a property owner must take into account the risk that a child may come onto their property and prepare the property accordingly. These preparations can include full-scale repairs to damaged areas of the property or signs warning individuals that there may be spots to avoid.
Duty of Care
California Civil Code (CIV) §1714(a) notes that each property owner, renter, or another category of individual who happens to be on a property must afford all visitors, knowledgeable or otherwise, to a duty of care while said visitors are on the property. This form of evidence is implied in a premises liability case, though it can be contested based on the liable party’s relationship to the property in question.
Breach of Duty
If you wish to seek out compensation for your losses, you must prove that the party you wish to hold liable for your losses violated the aforementioned duty of care. You can do so by identifying the parts of the property a person neglected or failed to indicate may be dangerous.
Breach of Duty Resulting in Injury
Finally, you must prove that the aforementioned breach of duty of care resulted in the injuries you suffered while on a person’s property. You can do this by presenting a court or the liable party with your medical expenses or physical evidence from the scene of the accident, including DNA, torn articles of clothing, or damage done unto the property itself.
Pintas & Mullins Law Firm Can Help You Bring Together a Premises Liability Claim
The team with Pintas & Mullins Law Firm wants to help you recover from an accident on another person’s property, should you suffer losses or harm. Together, you can craft a complaint to submit to a court of law identifying:
- The individual you wish to hold liable for your losses
- The evidence you have to assert such a claim
- The compensation you believe you may be entitled to based on your losses
- The calculations that led you to that estimate
You can, however, opt to work with a premises liability lawyer to draft a demand letter prior to a complaint, should you wish to try and avoid the complexities of a courtroom. A demand letter allows you to negotiate for a settlement with the party you wish to hold liable, so long as that party seems open to communicating with you. If they are not, then a complaint will let you bring your case to the attention of the legal professionals in your area.
Do note, though, that you can benefit from all of the aforementioned services and more free of charge when working with Pintas & Mullins Law Firm, as the firm operates on contingency. You will only see a bill for the services you benefit from if you receive compensation for your losses. Even then, the American Bar Association (ABA) allows the firm to accept a percentage of your settlement as payment instead of requesting said payment out of your savings.
If you feel ready to discuss a case, including what evidence you need to file a premises liability claim in Los Angeles, with a representative from Pintas & Mullins Law Firm, you can get a hold of a representative by calling (800) 223-5115.