Every property owner has to have basic safety standards in place in Los Angeles to ensure visitors’ safety. There is not a specific type of system or enumerated safety measures that must be in place. It would be too difficult to cover all of the different possibilities in legislation for all of the different types of facilities.
Instead, the law relies on the standard of reasonable care, which essentially means that property owners have to take reasonable steps to make sure that their property is safe. In addition, the reasonable standard of care can determine if the owner was negligent if there were any accidents on the property due to hazardous conditions, as per the Legal Information Institute (LII).
Because every facility is different, the standard of reasonable care changes based on where the accident happened. Failing to meet the standard creates a liability risk for property owners. They may be held liable for any expenses related to injuries on their property if they did not take reasonable actions to keep it safe.
Property Safety Standards Regulations
While there is no one universal standard for safety regulations across all buildings, there are specific regulations for different types of buildings. When there is a need for specialized safety regulations, legislators tend to pass laws to enforce construction and building maintenance guidelines. The closest there is a universal standard for safety are building codes and the reasonable standard of care that applies to each building.
A part of maintaining a reasonable standard of care in terms of safety is ensuring that every building is built up to code. Building codes are easily available. There are fines and penalties for any location that does not meet those codes.
Other than meeting basic regulations for the type of building that they have, property owners are expected to implement safety features and safety measures that are appropriate for their buildings, according to the Los Angeles County Department of Public Works (DPW). This can mean basic safety features like door locks, fencing off dangerous areas, and fire safety systems. However, specialized facilities often have specialized safety needs.
A way to easily determine if the building needs basic safety standards is to look at the condition of the facility. A common understanding of this standard of reasonable care means that anything that could be perceived as a potential threat is addressed.
This means keeping walkways clear and level, effectively planning routes in and out of the building, installing safety systems as needed, and keeping the building clean and functional enough for people to be in. If your case goes to trial, a jury will be asked to apply common sense to determine if a facility complies with the standard of reasonable care or not.
Understanding Your Rights
When you are injured on someone else’s property and that property owner failed to meet the standard of reasonable care, you may be able to file a lawsuit. The goal of the lawsuit is to collect financial compensation so that you can pay for your recovery expenses and get your finances back in order. You also have the right to legal representation throughout the process.
Determining Liability
You can only file a lawsuit against a party that is responsible for your injuries. The process of determining liability will focus on several key factors, including:
- The condition of the property: The property must be in good condition, and the owners and managers adhere to the reasonable standard of care for that facility
- A reasonable standard of care: What a reasonable standard of care for this facility should entail
- Hazard: Hazards that caused the accident and caused significant harm at some point
- Prior knowledge: If the property owner knew about the hazard and the potential harm that it could cause
- Duration of the problem: How long the hazard existed and how long the property owner knew about it
- Owner action: If the property owner took action to remediate the hazard in a reasonable amount of time
There may be other questions that the judge and jury are asked about in the trial that may not be covered on this list. Essentially, the court will try to determine the specifics of the situation so that a judgment can be given. If the property owner knew about the hazard and failed to address it in a reasonable amount of time, you could win compensation.
Discuss Your Potential Case with Our Legal Team
Properties that do not comply with the reasonable standard of care and other regulations make owners liable for injuries. There are several types of safety standards that property owners have to have in place in Los Angeles, which can make it difficult to determine if a facility complies. Call the offices of Pintas & Mullins Law Firm at (800) 223-5115 to discuss your case with our team.