Negligence and Premises Liability Cases
Property owners have a duty to maintain their property so that it does not pose a danger to others. When they fail to do so, accidents can and often do result. Neglect often leads to instances of slip and falls, trip and falls, severe lacerations, broken bones, and spine and disc injuries.
While these types of accidents are not uncommon in Los Angeles and Southern California in general, establishing a case of premises liability against a property owner is not simple. Typically, the injured guest or invitee must prove all of the following:
- A hazardous or dangerous condition existed on the property
- The property owner knew or should have known about the hazard with a sufficient amount of time to remedy the problem
- The injured party suffered injuries caused by the hazardous condition
In the event that we are able to prove that the property owner created the hazard, knowledge of the property owner is presumed.
Resources to Properly Prove a Premises Liability Case
Typically, in premises liability cases, attorneys must retain experts who have knowledge in building code compliance, construction, engineering, and property design and management. We at Heimanson & Wolf, LLP understand the importance of retaining an expert early on in premises liability cases. Inspections should be conducted as soon as possible, before evidence and conditions disappear and change.
For example, we prevailed in a case involving a contractor who left a construction zone open to the public with several bolts sticking up out of the ground. Our client was walking on the premises and suffered a trip and fall accident, tripping on the bolts sticking out of the ground. We recovered over $300,000 for our client, the pedestrian.