Premises liability involves many types of accidents that sometimes result in the death of a loved one. When this occurs, family members may qualify to pursue compensation from the liable party for damages incurred as a result of their loved one’s passing.
California Civil Code (CIV) §1714 outlines premises liability, which holds that each California resident has a duty to ensure the reasonable protection of rightful guests on their property by maintaining a safe environment, abiding by municipal codes, and resolving any potentially dangerous conditions. If they fail to do so and the victim suffers fatal injuries, loved ones may have the opportunity to seek financial recovery through a wrongful death claim.
In some cases, premises liability covers wrongful death in Los Angeles, and a lawyer can help you build your case and hold the property owner accountable for the harm they caused.
Examples of Premises Liability
Many situations involving unsafe conditions on or as a result of someone else’s property can lead to serious injuries and sometimes even death. Private property owners must abide by premises liability laws, as well as business owners, residential complex management companies, and government agencies that manage public places like parks.
Some examples of premises liability concerns that can lead to accidents include:
- Buildings in disrepair
- Regular flooding or lack of flooding prevention methods
- Violations of fire or housing codes
- Inadequate security
- Insufficient lighting
- Cracked, damaged, or otherwise hazardous walkways
- Unsupervised and improperly secured swimming pools
- Clutter or spills that can lead to slip and fall accidents
While these refer to common circumstances involved in California premises liability cases, countless situations that can lead to fatal injuries on someone else’s property exist. Premises liability law covers wrongful deaths in Los Angeles, and an attorney can help you seek the financial recovery you deserve for the loss of your loved one.
Establishing Liability in Premises Liability Cases
Prior to filing a wrongful death claim against the property owner in a premises liability case, you have to establish liability. If the property owner did not play a role in your loved one’s accidental death, you cannot hold them accountable for your damages.
Proving Negligence
To determine liability, you or a lawyer must demonstrate that the actions or the failure to act of the property owner in your case meet all four criteria for negligence. That is, they must have had a duty of care to maintain the safety of your loved one, they breached that duty of care by failing to correct a hazard or warn your loved one of its presence, their breach of duty caused your loved one’s fatal injuries, and the victim’s death resulted in your significant damages.
Comparative Negligence
Comparative negligence refers to the allocation of damages when both parties hold at least partial fault. Laws regarding shared fault in premises liability cases vary by state, but California has a pure comparative negligence approach.
This means that either party, regardless of their level of responsibility, can seek compensation for their injuries in the case and receive a portion of the total award amount based on their percentage of liability. Even if the property owner in your case holds 20% of the fault for your loved one’s fatal injury, you can still seek financial awards for damages.
The Types of Financial Recovery You May Qualify for in Wrongful Death Cases
Because each case involves different circumstances, a lawyer cannot guarantee the types and amounts of financial recovery you may receive in your wrongful death case. However, they can assess your damages and help you seek compensation for economic losses, such as medical bills and funeral expenses, as well as awards for your mental and emotional pain and suffering resulting from the loss of your loved one.
Most of the time, an attorney can pursue recovery for you and settle out of court. If necessary, however, they will take your case to trial to fight for you.
A Lawyer Can Help You Pursue Financial Recovery in Your Case
Navigating wrongful death claims and the settlement process that follows often presents a challenge, especially during such a difficult time. With the lawyers at Pintas & Mullins Law Firm, you do not have to manage your case alone. We can help you gather the evidence you need to hold the liable party accountable for their role in your loved one’s wrongful death and pursue adequate compensation on your behalf.
Contact our legal team today at (800) 223-5115 to speak with our legal team about your free case evaluation.