Los Angeles Premises Liability Lawyer - Maison Law (2023)

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Los Angeles Premises Liability Lawyer

Los Angeles has hundreds of thousands of stores, businesses, and residential areas, each owned by an individual or company. The property owners are responsible for removing hazards from their property. If they fail to remove those hazards, visitors can be seriously injured.

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When someone is injured on someone else’s property, the property owner’s insurance company is responsible for paying for the victim’s recovery. However, insurance companies are notorious for trying to offer lower settlements than a case is worth.

If you are injured on someone else’s property in Los Angeles, you might need a premises liability lawyer to help secure financial support for your recovery. Maison Law will diligently represent your case and fight for you to receive the maximum amount possible from the property owner’s insurance company.

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Los Angles Premises Liability Claim Process

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Free Consultation for Premises Liability Cases

You may read through several articles on the internet about what to do after having an accident on someone else’s property. However, you could still be confused about how to demand help with your recovery. You don’t have to sit in the dark when you have questions about your potential case.

Maison Law of California offers a free and confidential case evaluation for you and your family. You take no risk in setting up an appointment to talk with a real, California lawyer. You’ll go over the details of what happened to you and discuss the options that are best for your family.

Our attorneys will only give you advice that’s in your best interest. If we can’t improve the outcome of your case, we can still help you make some important choices to better protect yourself while your accident claim is resolved.

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Los Angeles Property Owner Legal Obligations

When you walk into a Los Angeles Store you are probably focused on the items on your shopping list. You might not be scanning the floor for the spill that could send you to the floor hard enough to break a bone.

You may be heading down a flight of stairs at a public building when a loose stair rail gives way and sends you tumbling. You could feel you are just clumsy, but someone’s negligence actually caused your fall and your injury.

Under California premises liability laws, any property owner or company inviting the public in must inspect for obstacles and dangers and remove hazards in a reasonable amount of time. If another customer spills soda across the tile, a warning sign should go up and the spill should be cleaned up.

When this duty is neglected and you are hurt, a proprietor or the national company behind the business is liable for the costs of your recovery. This can include providing help with all present and future medical bills and reimbursement for lost wages while you are out of work.

The legal responsibility to keep you safe from injury extends to many different locations and owners and operators. These are just some of the incidents victims have filed premises liability injury claims over:

  • Slip-and-falls and trip-and-falls. Water on the bathroom floor of a restaurant or store. A store display left to catch a foot and cause a trip. A crumbling stair step. Ice in the parking lot.
  • Falling merchandise. Merchandise left on the floor.
  • Falls in public buildings or parks. The city or county government might be legally responsible for an injury.
  • Swimming pool accidents. A public pool may lack proper safety requirements and signs leading to someone getting hurt diving or a child tragically drowning.
  • Amusement park and water park injuries.
  • Burns and electrocution. Faulty wiring, hot liquids, fire injuries.
  • Toxic fumes or chemicals exposure. A risk anywhere heavy cleaners and solvents are used.
  • Security Liability. Poor lighting, improper security on-site are just two ways an owner’s negligence can put you at risk of an assault or robbery.

What Our Clients Say

"I was involved in an accident about 3 years ago and Maison Law and their team helped me every step of the way. It was a long journey and a lot of time and hard work in getting me what I deserved. I couldn't have asked for a better law firm. I highly recommend!"

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Dylan B.

I got into a fender bender in January and was left dealing with a very unresponsive and terrible insurance adjuster who was basically forcing me to accept only 1k to close my claim prematurely. Thankfully I found Martin and Maison "Law who truly helped ease my mind, took care of my car, rental, treatment and got me an AMAZING settlement in time for Christmas."

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Pauline Z.

"Martin Gasparian and the whole Maison Law team were there for me when I was involved in an accident. They held my hand every step of the way and took care of all my needs. They listened to all my concerns and put my mind at ease and made the whole process pain free. I would definitely refer friends and family to Maison Law.

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What to Do After an Accident on Someone’s Property

Taking a fall or getting hurt by some other hazard could leave you in shock and unsure about what to do next. It’s important to stay calm, and if you are well enough, start collecting evidence on the scene so you can prove you weren’t responsible for your injury.

Show how the property owner or corporation was liable for the obstacle that injured you. Gather these details if possible:

  • Call 911 if you require medical care. Tell paramedics about every pain you have so that all potential injuries will be on their report.
  • Get Photos – A broken stair railing or a spill on the floor will be repaired or mopped up once you leave the scene. Use your phone to secure pictures of the scene. Also, show any visible injuries and bleeding or swelling you experience.
  • Alert a business representative or property manager — Alert the owner or manager about what happened. A business entity will likely want a supervisor to write up an incident report. This report can be valuable evidence in your favor.
  • Talk to witnesses – Find out how your premises liability lawyer can reach them later. A helpful employee on the scene may also prove to be an important witness for your case.
  • See your physician – In the days after an accident go in to see your doctor. Document all injuries, including any pain that arises a day or two later after the incident. Do everything the doctor advises including seeing specialists and getting recommended procedures.
(Video) How do I Negotiate a Settlement With an Insurance Claims Adjuster?

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Los Angeles Premises Liability Lawyer

When you or a loved one are injured while visiting a store, a government building, a theme park, or any other type of property, make sure you know about the benefits available to you and your family.

When forced to deal with a company or corporation in order to get fair support for your recovery, you could be facing off with a team of lawyers and insurance adjusters. It’s vitally important that you have your own legal representative to keep them from wriggling out of responsibility.

Contact attorney Martin Gasparian for a free and confidential case evaluation. Mr. Gasparian works with victims to make sure they are never held accountable for someone else’s negligence. You may feel helpless against businesses like a retail giant or a supermarket chain, but allow a Los Angeles Attorney to turn the tables and make those responsible for your injury do the worrying.

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What are defenses to premises liability in California? ›

Defenses to premises liability lawsuits

That the dangerous condition was open and obvious (a condition is "open and obvious" if a reasonable person should have seen and avoided the condition) That misuse of property led to the person's injury.

Is premises liability the same as negligence? ›

Premises liability cases can be confusing because you will often hear the term negligence involved. In general, a premises liability claim is going to be considered a type of negligence claim that arises from a condition on the real property and not from the negligent activity on the property.

What is the statute of limitations for premises liability in California? ›

California Premises Liability Laws: More Important Information. Filing deadlines – California laws provide two years for accident victims to seek financial recovery via premises liability cases. In other words, there is a two-year statute of limitations for premises liability claims in California.

Is premises liability the same as negligence California? ›

Premises liability laws in California are based on negligence, which is represented under Civil Code §1714(a). In a premises liability claim, the claim requires factual elements that will demonstrate the victim was harmed as a result of the defendant's property management.

What are two defenses often used against liability claims? ›

The most common negligence defenses are contributory negligence, comparative negligence, and assumption of risk.

Which defense allows a defendant to avoid liability? ›

In a personal injury case, the plaintiff has the burden of proving the accident happened, the defendant was negligent and the plaintiff was harmed because of the negligence. Once a plaintiff has demonstrated this, a defendant can claim contributory negligence as a defense to avoid liability.

What is the cause of action for premises liability? ›

Cause of Action—Premises Liability (PLD-PI-001(4))

Tells the court and the other side that you contend that some condition of the other side's premises caused you harm. Must be attached to a Complaint form to use.

Is premises liability strict liability? ›

While most premises liability claims are based on negligence, some premises liability claims stem from strict liability. In a strict liability claim, injured victims make the argument that an inherently or abnormally dangerous situation led to the accident that caused their injuries.

What type of liability is negligence? ›

Strict Liability Cases

In situations involving an accident or injury, you usually must prove that someone acted negligently or carelessly. This negligent or careless conduct must also somehow cause or contribute to your injury.

How long do you have to sue a company in California? ›

Breach of a written contract: Four years from the date the contract was broken. Breach of an oral contract: Two years from the date the contract was broken.

What are the elements of premises liability in California? ›

Key Components of a Premises Liability Case in California

The property is owned or possessed by the defendant. The defendant was negligent in providing “ordinary care” to prevent injury. The plaintiff was harmed due to the negligent care of the property. The negligence was a substantial factor in the cause of injury.

What is the 10 year statute of limitations in California? ›

A lawsuit is barred unless it is filed within 10 years of substantial completion. A shorter time may apply once the defect is discovered.

Can you waive liability for negligence in California? ›

Under California law, waivers of liability may not prevent people from suing for injuries resulting from gross negligence, recklessness, intentional torts, or illegal acts. California law defines “negligence” (ordinary negligence) as the failure to use reasonable care to prevent harm to oneself or to others.

What are the types of liability you can be accountable for in California? ›

Types of Liability

The liability of licensees and their employees falls into three areas of law: criminal, administrative, and civil.

What is the limitation of liability negligence California? ›

The federal court, interpreting California law, imposed no limit on liability for any genus of damages for “active” negligence claims. It held that, absent an express reference to “negligence” in a LoL clause, the clause limits only claims for “passive” negligence.

What is the best defense against liability? ›

One of the simplest defenses to criminal liability is the defense of innocence. This defense is raised when you did not commit the crime. Remember, the prosecution has to prove every element of the crime charged against you and prove it beyond a reasonable doubt. To be innocent you do not have to prove anything.

What are the two best defense in a negligence action? ›

The best defences for the negligence claim against you are two:
  • Number one, you owe no duty of care to the plaintiff. ...
  • Or, you can simply show that the specific act that is being alleged as a negligent act, that negligence did not occur, the act was not negligent at all.
Aug 7, 2020

What are the two 2 primary defenses to claims of negligence? ›

There are three main types of defenses to negligence: contributory negligence, comparative negligence, and assumption of risk.

What elements must you prove to win a strict liability case? ›

To win a strict liability case, first, you must be injured. Second, you must prove that the defendant's product or actions caused the injury. As long as their conduct resulted in your injuries and the case falls under strict liability rules, you can make a claim for your damages without having to demonstrate fault.

What is the most difficult element of negligence to prove? ›

In medical malpractice cases, causation is usually the most difficult element to prove. To prove causation in any type of negligence action, you must prove two things: 1)The negligent action was the actual cause of harm, and 2)The negligent action was the proximate cause of harm.

What are the 4 defenses to negligence? ›

Just as the plaintiff must prove every element of his or her cause of action, the defendant must prove every element of his or her defense. The major defenses to negligence are contributory negligence, comparative negligence, assumption of the risk, and statute of limitations.

What are the three ways that victims can be classified in a premises liability situation? ›

To determine is the liability case is appropriate, victims are categorized into three.
  • Invitee – This is an individual that has been granted permission to enter the property. ...
  • Licensee – This is a person that has been granted access to the property. ...
  • Trespasser – Someone with no authorization to be on the premises.

What does premises liability knew or should have known? ›

This is why it is phrased as “known or should have known.” The phrasing gives protection to those who are owed a duty of care while also working in favor of premises owners that are vigilant in their ownership. If you have been harmed due to someone else's negligence, you deserve to receive compensation.

What is a premises liability tort? ›

Premises liability is a legal doctrine under which the owner or occupier of a property can be held financially responsible for torts that occur on their premises. A tort – as defined by English tort law – is a civil wrongdoing that leads to legal liability.

What are the 3 main areas types of strict liability cases? ›

There are three broad categories of strict liability torts, including possession of wild animals, ultrahazardous or abnormally dangerous activity, and strict product liability.

Why is premises liability important? ›

Premises liability is a legal concept in personal injury cases. Because property owners are required by law to keep their property safe, if someone is injured, they may be subject to legal recourse. One of the most common and well-known types of premises liability cases are "slip and fall" cases.

What is the open and obvious defense in California? ›

The Court in California has explained that “generally, if a danger is so obvious that a person could reasonably be expected to see it, the condition itself serves as a warning, and the landowner is under no further duty to remedy or wan of the condition.” Jacobs v.

What are proofs of liability for negligence? ›

Negligence claims must prove four things in court: duty, breach, causation, and damages/harm. Generally speaking, when someone acts in a careless way and causes an injury to another person, under the legal principle of "negligence" the careless person will be legally liable for any resulting harm.

What are the 3 levels of negligence? ›

Negligence occurs when reasonable care is not exercised. However, negligence comes in varying degrees. Different degrees of harmful behavior can significantly impact your situation depending upon the facts and circumstances. The three levels of negligence include ordinary, gross, and willful negligence.

What are the 3 kinds of negligence? ›

What Are the Different Types of Negligence?
  • Comparative Negligence. Comparative negligence laws allow an injured person to recover compensation even if they are partially responsible for the accident. ...
  • Contributory Negligence. ...
  • Gross Negligence. ...
  • Vicarious Negligence.
Aug 31, 2021

Is California strict liability? ›

Under California law, strict liability does not require a plaintiff to prove a defendant's negligence. A defendant may be held liable under strict liability when it places a product on the market and the product causes injury to a person, regardless of whether the defendant was negligent.

What is premises liability versus general liability? ›

Premises liability is not the same as general liability. General liability refers to any harm done to or on someone's property. Premises liability applies only in cases where an owner or manager failed to maintain the physical condition of a property, and someone was injured as a result.

Is a premises a liability? ›

Premises liability is a legal responsibility imposed on the property owner due to injuries caused by unsafe conditions. An attorney bases the premises liability lawsuit on negligence. However, simply because the victim is injured on someone's property, it does mean that the property owner is negligent.

What is the 5 year rule in California court? ›

An action shall be brought to trial within five years after the action is commenced against the defendant.

What is the maximum amount you can sue for in civil court California? ›

But you cannot sue to get the court to decide whether or not you owe money before you pay it. This type of lawsuit, to get a judge to determine the rights and obligations of each side, must be filed as a limited civil case (if the amount is $25,000 or less) or an unlimited case (if the amount is over $25,000).

How long before a debt becomes uncollectible in California? ›

The statute of limitations on debt in California is four years, as stated in the state's Code of Civil Procedure § 337, with the clock starting to tick as soon as you miss a payment.

What are the defense of property laws in California? ›

In California, the owner or person in possession of the personal property can use reasonable force to protect their property from harm. Furthermore, a person can also use force to protect the property of a family member or guest from harm.

What is defense of property in California? ›

Can a person use force to defend personal property in California? Yes, the owner or possessor of personal property may use reasonable force to protect that property from imminent harm. A person may also use reasonable force to protect the property of a family member or guest from immediate harm.

What is defense to liability? ›

Defenses to criminal liability: these are defenses that either reduce or completely dissipate your liability to a criminal offense. They include things you hear about all the time, like self-defense. But they also include other things that the news and movies might not talk about as much.

What are offenses against property in California? ›

California property crimes generally include arson, trespass, damaging utility lines, and vandalism. These crimes have specific penalties, which can be enhanced depending on aggravating circumstances of the case.

What is an example of defense of property tort? ›

“Defense of property” refers to an affirmative defense to liability for an alleged crime that one used force in order to protect one's property. For example, When defendants are charged with criminal assault or battery, they may argue that their acts were reasonably necessary to protect their property.

When can a private person use force to defend her personal property in California? ›

The owner [or possessor] of real or personal property may use reasonable force to protect that property from imminent harm. *Reasonable force means the amount of force that a reasonable person in the same situation would believe is necessary to protect the property from imminent harm.

How do I protect my house from a lawsuit in California? ›

Domestic Asset Protection Trusts

So, in case you do face a lawsuit, you can claim that you can't pay any damages because you don't have any assets. Assets you can put in a domestic asset protection trust include business property, real estate, stocks, and cash.

Can I have a loaded gun in my house in California? ›

A U.S. citizen or legal resident over age 18 may generally carry a handgun anywhere within his or her place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident. A permit or license is not required for a person to carry within these locations.

What is an example of against property? ›

The object of Crimes Against Property, e.g., robbery, bribery, and burglary, is to obtain money, property, or some other benefit.

What is premises liability California cause of action? ›

Cause of Action—Premises Liability (PLD-PI-001(4))

Tells the court and the other side that you contend that some condition of the other side's premises caused you harm. Must be attached to a Complaint form to use.

What is limitation of liability defense? ›

The Limitations of Liability Act allows vessel owners to limit their liability after a maritime incident or casualty to the post-casualty value of the vessel and its cargo. The incident must happen in United States waters for the law to be used.

What is a negligent act? ›

Negligence is a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct).


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