What Are Premises Liability Cases?
Premises Liability Cases are situations that relate to personal injury law. The operative word being ‘premises’. Meaning, any injury that occurs on someone else’s property, or premises, due to their negligence, may be considered liable for your injuries. Most premises liability claims fall under the umbrella of personal injury cases, but they are typically harder to prove. That’s why it is vital to have a highly skilled Los Angeles premises liability lawyer by your side to ensure that your version of the story is being best represented.
You shouldn’t be on the hook for medical bills or expenses that were through no fault of your own. You can file a lawsuit if you believe a property owner or occupier should be held responsible for damages resulting from their actions or negligence. For negligence to occur, your Los Angeles premises liability attorney will need to assess a few key factors:
- The defendant is the actual owner, lessee or occupier of the property
- Your injuries occurred on their premises
- The owner, lessee or occupier failed to fix structural hazards that resulted in injury
- The accused was directly negligent, resulting in injury
Keep in mind, that just because you were injured on someone else’s property, private or commercial, does not mean that they are automatically liable. In order to prevail in a premises liability case, you must be able to prove that the other party was reasonably aware of the unsafe conditions and he or she failed to take the appropriate steps to rectify or repair the matter prior to the incident.
If you feel that you or a loved one has been harmed at the hands of another’s negligence, it is time you contact Jacob Emrani’s Premises Liability Law Firm. We have a proven track-record of getting our clients the compensation they deserve. Call: 1.888.952.2952
Examples of Premises Liability Cases
Contrary to popular belief, slip and falls and other incidents that involve tripping and falling are not the only examples of premises liability cases. For instance, if a dog were to bite you in a hotel parking lot, then the hotel could plausibly be liable for all expenses related to your personal injury claim. Same can be said for amusement park injuries, or elevator malfunctions in a commercial building.
As you can see, premises liability cases include a wide range of scenarios, including:
- Slip and Fall Cases
- Dog Bites
- Swimming pools
- Inadequate property security
- Snow and ice accidents
- Elevator and escalator accidents
- Toxic fumes
- Chemical burns
- Amusement park injuries
- Compromised structural integrity
Most premises liability cases are based on negligence. In order to win a premises liability case, the injured person must prove that the property owner was negligent with respect to ownership and/or maintenance of the property. In general, negligence means that the property owner failed to maintain proper upkeep or enforce proper safety precautions in connection with the property in question.
What Happens if You Injure Yourself on City Property?
Now that we’ve covered private property personal injury cases, what happens if you injure yourself on government land? As you can imagine, suing the city is not going to be a walk in the park, even if that was what you were trying to do at the time of the incident. While you are entitled to fair compensation for your personal injury expenses, the guidelines are a little more rigid when it comes to city property.
Fortunately there have been laws put into place that protect citizens in the event they hurt themselves on government property. In 1948 Congress passed the Federal Tort Claims Act (FTCA). This very necessary provision prevented municipalities from being able to claim sovereign immunity. Sovereign immunity essentially suggests that the government can do no wrong, and is exempt from liability. The ‘Tort Claims Act’ grants civilians the ability to file a personal injury claim if they were injured on government property or by a federal employee.
As stated above, pursuing a premises liability claim with the government is no easy task. It isn’t as simple as filing a claim with an insurance company. There are strict limitations placed upon the damages and dollar amounts a city is willing to pay out in compensation for personal injury cases.
The best way to build a rock-solid personal injury case involving a city or municipality is to document every aspect of the incident to the best of your ability. Take stock of the sidewalk or road conditions, any kind of construction if applicable, and the seriousness of your injury. Even if you take meticulous documentation of your injury, filing a claim against the city is still an uphill battle. That is even more of a reason why you need a highly skilled premises liability attorney advocating on your behalf.
If you feel that you or a loved one has been harmed at the hands of another’s negligence, it is time you contact Jacob Emrani’s Personal Injury Law Firm. We have a proven track-record of getting our clients the compensation they deserve. Call: 1.888.952.2952