A cause of action is the legal right entitling you to file a claim or lawsuit in a premises liability or other personal injury case. Without one, the plaintiff (or their attorney) cannot present facts supporting legal action against the other party. The cause of action supports the claim on which a plaintiff’s compensation for medical bills, lost income, etc., is based.
Simply claiming you sustained an injury on someone else’s property isn’t enough to ensure your premises liability lawsuit succeeds. As the injured party, you must prove you have a cause of action against the defendant, who may be a property owner, business owner, tenant, property management company, parent company, or employee.
Proving Premises Liability Cause of Action
Your personal injury attorney must consider the following to establish you have a cause of action against another party:
- Duty of Care: A “duty” is a legal responsibility to protect other people from injury or harm. A defendant must be identified as the owner, lessee, or occupier of the property you were hurt in and be legally responsible for maintaining that property. They can be liable for any hazards if you entered the property as:
-
- An invitee, such as a friend invited to someone’s home, a store customer, or a restaurant guest; invitees are owed the greatest duty of care.
- A licensee, meaning you received permission to be there as, for example, a salesperson or delivery company employee.
-
A trespasser is a third category of visitor recognized by the law. Since they’re unauthorized to be on the property, they aren’t usually owed a duty of care.
- Breach of Duty: Whether a property owner breached their duty of care is another important step in determining whether you have a premises liability case. You must demonstrate there was a hazardous condition on the property. Next, evidence is needed to show the property owner was aware of the problem or should have known about it. For example, if a faulty step wasn’t fixed, causing you to fall, or a spill wasn’t cleaned up in a store, causing you to slip, you have a cause of action to file a lawsuit against the other party.
In considering if there was a breach of duty, your attorney will look at whether:
-
-
- The accident was foreseeable
- Steps could have been taken to prevent it
- Visitors could have been warned of the danger
- The injured party was authorized to be on the property
- The injured person contributed to the accident in any way
-
- Causation: After determining the other party breached their duty of care, it must be proven this breach was a direct cause of your injury. Your claim isn’t valid if the injury in question existed before the incident. If so, it’s considered a pre-existing condition. Therefore, the defendant won’t be liable to pay any damages. In proving causation, evidence that may be used can include:
-
-
- Police reports
- Video surveillance footage
- Photographs
- Medical bills
- Facility maintenance records
- Eyewitness testimony
-
- Damages: The fourth element your lawyer must consider is that the damages you sustained were caused directly by the defendant’s breach of duty. Depending on the strength of your premises liability claim and the success of the case, you can be compensated for:
-
-
- Medical expenses
- Lost income
- Property damage
- Pain and suffering
- Loss of enjoyment of life
-
If a cause of action shows the injuries sustained in a premises liability accident were fatal, a victim’s family member or dependent can file a wrongful death claim.
California’s Premises Liability Laws
Under state law, a property owner’s duty of care falls directly on the liable party. A third party, such as a contractor, does not have the same duty. The duty is also only owed to anyone who is on the property legally. Trespassers are not owed a duty of care.
Another aspect of state law increases the duty when children are involved in an accident. They may be less likely to foresee the same risks or dangers an adult can be expected to. Therefore, a greater duty falls on property owners whose negligence causes harm to a child.
The statute of limitations is also a consideration when drafting a cause of action. California state law provides two years for an accident victim to file a premises liability lawsuit and seek a financial recovery. Missing this deadline usually means losing the right to file a claim against the responsible party.
Frequently Asked Questions
How Does a Liable Party Answer a Cause of Action?
Once the liable party receives a copy of the complaint and causes of action, they’re given a certain amount of time to respond. They can openly admit to the allegations against them. Or, they can use various legal defenses and counterclaims to disprove the causes of action your attorney has presented.
What Types of Conditions Can Lead to a Premises Liability Case?
Many dangerous conditions can lead to an accident. A property owner’s liability most often arises out of negligence. However, a less common occurrence is when their intentional or reckless conduct causes an injury. Trespassers are generally not owed a duty, but if a property or business owner rigs a gun to fire or trap to trigger when an unexpected guest enters, they’ll be liable for any injuries that result.
More common types of conditions in premises liability cases include:
- Spills or foreign objects on floors
- Snow or ice on sidewalks, driveways, or parking lots
- Exposure to chemicals and other dangerous substances
- Animals with vicious tendencies
- Defects in building design or construction
What Are the Most Common Premises Liability Cases?
Falls are the most common premises liability cases. When determining a cause of action, a personal injury attorney will look at conditions such as stairs that fail to meet codes or a failure to clean up weather-related hazards, remove hazards on floors, or fix unsecured carpets, broken floors, or loose pavement. Lapses in building security that expose visitors, customers, or tenants to criminal activity can be the focus of a premises liability case, as can a failure to restrain or warn of an animal with aggressive tendencies.
Is a Property Owner Always Negligent If There’s a Dangerous Condition?
To find a defendant negligent, it must be proven they knew about the condition. The problem must also have been there long enough to be discovered, and the property owner must have had a reasonable opportunity to correct or remove the issue, or at least place a warning sign that visitors could easily see.
What If I Was Injured on Government Property?
In the past, government agencies have claimed sovereign immunity against personal injury claims. However, the Federal Tort Claims Act of 1946 prevents this and grants civilians the right to sue a government entity if injured by a federal employee. While this isn’t as simple as filing a claim with an insurance company, a skilled lawyer can get, for example, a city or municipality to compensate you in a premises liability case.
Can the Plaintiff Also Be Negligent In a Premises Liability Case?
In California, a plaintiff can be negligent in a premises liability case. That doesn’t mean they can’t have a cause of action to file a claim against another party. California’s comparative negligence laws permit a plaintiff to file a lawsuit even if they’re partially at fault. If compensation is awarded, it can be reduced by their percentage of liability.
Therefore, your final damage award can be reduced if you were talking on the phone, intoxicated, or not paying attention when the accident occurred. A property owner can also argue you saw the dangerous condition but didn’t take steps to avoid it. Having partial blame doesn’t prevent you from being compensated, but it can reduce a negligent party’s degree of liability. This is one reason you need an experienced personal injury attorney.
Speak to a Premises Liability Lawyer Today
The Law Offices of Jacob Emrani handles all types of premises liability cases. Our Los Angeles injury attorneys can prove a property owner was negligent by failing to maintain proper upkeep or take appropriate precautions. Whether a cause of action precedes a claim that requires taking on an insurance company or government entity, we’ll help build your case and fight for maximum compensation. For more information or to schedule a free consultation, call (888) 952-2952 today.