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Premises Cases
Don’t Hesitate to Reach Our Firm
What is premises liability in California?
What damages are recoverable

Premises Cases

Premises Cases

Premises are land and buildings that are considered property of an individual or company. Premises liability law requires that a landowner be responsible for specific injuries people present on the premises might encounter. For premises liability to apply to a case, three conditions must be determined:

  • The Defendant must possess the Land
  • The Plaintiff must be an Invitee or Licensee; Trespassers are not protected under Premises Liability Law
  • Some form of Negligence or other Wrongful Act must have occurred

Situations That Can Cause Premises Accidents in Torrance, CA

Situations That

In the United States, the most commonly associated events with premises liability include negligent maintenance, unsafe work conditions, assault, slip and fall, and more. The safety of these premises is the responsibility of the property owner. Their legal obligation is to ensure that all invitees or licensees are free from harm while on the property. There are various situations that may lead to a premises accident, including:

  • Wet Surfaces
  • Falling Objects
  • Poor Lighting
  • Poorly Marked Elevation Changes
  • Uneven Elevators
  • Broken Steps
  • Broken Sidewalks

Don’t Hesitate to Reach Our Firm

For the finest personal injury lawyers in Southern California, look no further than the Law Offices of Michael S. Braun. Whether you’ve been involved in a slip and fall case, or you’re considering legal action against the government, it’s wise to reach an experienced attorney for advice. For over 30 years of experience in dealing with personal injury law in California, choose the team with Michael S. Braun.

What is premises liability in California?

Premises liability refers to the legal responsibility of a property owner or occupier to ensure that their property is safe for visitors or individuals who enter the premises. In California, premises liability laws establish the duty of care that property owners or occupiers owe to those who come onto their property. If a person is injured due to a hazardous condition on someone else’s property, they may be able to pursue a premises liability claim. Here are key points to understand about premises liability in California:

  • Duty of Care: Property owners or occupiers have a duty to exercise reasonable care to maintain their property in a safe condition for visitors. This duty applies to both residential and commercial properties.
  • Types of Visitors: California law distinguishes between three types of visitors when determining the level of duty owed by the property owner or occupier: invitees, licensees, and trespassers.

a . Invitees: Invitees are individuals who enter the property for a business purpose or for the property owner’s benefit, such as customers in a store. Property owners owe the highest duty of care to invitees and must take reasonable steps to address known or discoverable dangers.

b. Licensees: Licensees are individuals who enter the property with the owner’s permission but for their own purposes, such as social guests. Property owners have a duty to warn licensees about known hazards that may not be obvious.

c. Trespassers: Trespassers are individuals who enter the property without permission. Property owners generally owe a limited duty of care to trespassers, but they must avoid causing intentional harm or setting traps.

  • Dangerous Conditions: Property owners or occupiers must maintain their premises in a reasonably safe condition and address any dangerous conditions that could potentially cause harm. This includes addressing hazards such as wet floors, uneven surfaces, inadequate lighting, broken steps, or other defects.
  • Notice: Property owners may be held liable for dangerous conditions that they knew about or should have known about through reasonable inspections or prior incidents. Constructive notice may be established if the dangerous condition existed for a sufficient period that the property owner should have discovered and addressed it.
  • Comparative Fault: California follows a comparative fault system, which means that if the injured party contributed to their own injury by their actions or negligence, their compensation may be reduced based on their percentage of fault.
  • Potential Damages: In a successful premises liability claim, the injured party may be entitled to various damages, including medical expenses, pain and suffering, lost wages, property damage, and in some cases, punitive damages.

If you have been injured on someone else’s property and believe it was due to a hazardous condition, call our office today to consult with a personal injury attorney specializing in premises liability cases in California. An attorney can assess the specific details of your case, determine the property owner’s liability, and guide you through the process of pursuing a premises liability claim.

What damages are recoverable in California for a premises liability claim?

In California, if you pursue a premises liability claim and are successful in proving the property owner’s negligence, you may be eligible to recover various types of damages. The specific damages recoverable in a premises liability claim can vary depending on the circumstances of the case and the extent of the injuries. Here are common types of damages that may be recoverable:
  1. Medical Expenses: You can seek compensation for all reasonable and necessary medical expenses related to your injuries. This includes costs for emergency medical care, hospitalization, surgeries, medications, rehabilitation, therapy, and any other medical treatments required to address your injuries.
  2. Pain and Suffering: Damages may be awarded for the physical pain, discomfort, and emotional distress caused by the injuries. This can include the immediate pain and suffering, as well as any ongoing or chronic pain resulting from the incident.
  3. Lost Wages: If your injuries prevent you from working or result in a loss of income, you may be entitled to compensation for the wages you have lost. This can include both past and future lost wages or a decrease in earning capacity due to your injuries.
  4. Property Damage: If your personal property was damaged or destroyed as a result of the incident, you may be able to recover compensation for the repair or replacement of the damaged items.
  5. Rehabilitation and Therapy: If you require ongoing rehabilitation or therapy to recover from your injuries, the cost of these treatments may be included in the damages you can recover.
  6. Disfigurement or Scarring: If your injuries result in visible disfigurement or scarring, you may be eligible for compensation for the physical and emotional impact caused by these permanent changes to your appearance.
  7. Loss of Enjoyment of Life: If your injuries have significantly impacted your ability to engage in activities you previously enjoyed, you may be able to recover damages for the loss of enjoyment of life.
  8. Punitive Damages: In certain cases involving extreme negligence or intentional misconduct by the property owner, punitive damages may be awarded. Punitive damages are meant to punish the defendant and deter similar conduct in the future.
To determine the specific damages you may be able to recover in your premises liability claim, call our office today to consult with a personal injury attorney who specializes in premises liability cases in California. An attorney can evaluate the details of your case, assess the potential damages, and guide you through the legal process to pursue fair compensation for your injuries and losses.
Britney TezinoBritney Tezino
18:12 01 Feb 24
Michael LiuMichael Liu
02:42 14 Apr 23
I had several great experiences with Michael Braun. He is experienced, professional, and a great listener. He is also responsive and you are always able to at least get a hold of a someone at the office to relay an urgent message. Ultimately, the strategy that we worked on together was successful. Highly recommended for at least an initial consultation or second opinion on anything legal one is facing.
Brandy MaciasBrandy Macias
20:19 30 Mar 23
Thank you for such a helpful, professional, and efficient experience! Would highly recommend.
Victorya NamVictorya Nam
19:28 11 Jan 23
Not only was Mr. Braun great, but his assistant Shelley Riganti was super helpful with my mother's case. They were both available for all questions and super friendly as well.
G USA (G USA)G USA (G USA)
21:34 29 Dec 22
Michael is an incredible lawyer, a rare lawyer in his kindness and willingness to work for people. He is extremely helpful and knowledgeable, they are the best lawyers I've ever had the pleasure of working with.From the moment I walked into their office, they're warm and friendly and you get the instant feeling that you're going to be in safe hands with them. I went to him about a matter when someone hit the car from the back, their insurance company was not accepting fault but Michael quickly resolved it for me and my worries quickly disappeared. He was easy to reach whenever I had any additional questions or concerns, and it made me feel like he really cared. and he knew exactly what he was talking about, did not charge me a dime for consultation, and helped me to rest assured on next steps concerning the matter.I feel empowered, informed, and will go out of my way to recommend his firm to you.If you are looking for a good injury lawyer this is the place you can never go wrong.
RommelRommel
18:06 09 Nov 22
Retained Attorney Braun’s firm recently due to an auto accident. Attorney Braun and his staff are true professionals. They did not express to me any unrealistic expectations. In the worst of times they made it stress free. Thank you guys tremendously.
Carlos GomezCarlos Gomez
23:33 16 Aug 20
Overal ExperienceAttorney Michael Braun, and his firm offered a very seamless, and transparent process. Michael Braun, always made himself available, and took the time to answer any questions I had regarding the auto insurance case.NetworkMichael Braun, covered me on every aspect from ensuring my truck, was repaired to the state it was in before getting rear-ended, and most importantly getting me much needed medical treatment through his network.Follow-upsMichael Braun and his office, would always respond back to emails, text, and phone calls within a timely manner. He also ensured to get paper-work sorted with the insurance companies in a timely manner as well.OutcomeIn my case, Attorney Michael Braun, was able to win my insurance claim, and didn't close or request settlement until the doctors and myself declared that I was in a clean bill of health. He never rushed the process but did make sure that nothing seemed out of line.RecommendationBased on my personal experience, I would highly recommend Attorney Michael Braun and his office. If I ever require his services in the future, I will contact him again (hopefully I won't need an attorney), but if I did I would feel confident with his representation.
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