The Legal Process for Premises Liability Claims

Injured on someone else's property in Los Angeles due to negligence? Contact Countrywide Trial Lawyers for a free consultation. Our experienced attorneys are here to help you get the justice and compensation you deserve.

Suffering an injury due to unsafe conditions on someone else’s property can turn your life upside down. Whether it’s a slip and fall, a poorly maintained staircase, or a hazardous walkway, these incidents often leave you dealing with painful injuries, mounting medical bills, and the stress of missed work.

In Los Angeles, California, you have the right to seek compensation for your injuries, lost income, and other damages. However, navigating the legal process for a premises liability case can be difficult without the right guidance.

At Countrywide Trial Lawyers, we understand the struggles you’re facing and believe you shouldn’t have to go through this alone. That’s why we’ve written this article: to walk you through the legal process of premises liability cases in Los Angeles, California. From filing a claim to negotiating settlements or going to trial, we’ll break down everything you need to know to secure the justice and compensation you rightfully deserve.

First: Consult an Experienced Premises Liability Lawyer

When you suffer an injury due to unsafe conditions on someone else’s property in Los Angeles, the first and most crucial step in seeking compensation is consulting an experienced premises liability lawyer. Having legal representation not only increases your chances of receiving fair compensation for medical bills and lost wages but also ensures that the legal process proceeds smoothly.

You might be dealing with severe injuries, mounting medical bills, lost wages, and emotional trauma. A skilled Los Angeles premises liability lawyer can provide clarity during this challenging time and ensure your legal rights are protected. A lawyer can also guide you through essential procedures, such as dealing with insurance companies or preparing for court if needed. Consulting a premises liability lawyer early allows you to preserve evidence, protect your legal rights, and work toward securing the compensation you deserve.

Gather Evidence to Support Your Claim

Gathering evidence is one of the most important steps in building your case. Whether your injury happened in a Los Angeles shopping mall, a parking lot, or another public space, having proof to back up your claim is vital.

• Take photographs of the exact location where you were injured, capturing any hazardous conditions like uneven surfaces, broken railings, inadequate lighting, or other potential safety violations.
• Witness statements can provide powerful support for your account. If anyone saw your accident occur, obtain their contact information and request they provide a detailed description of what they observed. These independent accounts can offer critical third-party perspectives that strengthen your legal claim.
• Medical documentation is equally crucial. Seek immediate medical attention after your accident, even if your injuries initially seem minor. Medical bills, physician notes, and records of your injuries will demonstrate the severity of harm you suffered due to the accident. These documents not only help calculate the compensation you may deserve but also establish a direct link between the incident and your medical needs.
• Preservation of physical evidence is also important. Your lawyer will help you secure and document any physical evidence that might support your claim. This could include damaged clothing, photographs of your injuries, maintenance records of the property, or surveillance footage if available. In Los Angeles, where property conditions can vary widely, such evidence can be instrumental in proving negligence.

An experienced lawyer will provide guidance and help gather this evidence, ensuring no critical piece is overlooked in the preparation of your claim. Having a well-documented case ensures you’re prepared to face insurance companies or present your claim in court if necessary.

Determine Negligence

In a premises liability case, determining negligence is key to recovering compensation. California law requires that property owners maintain safe premises and address any hazards that could harm visitors. If a property owner fails to meet this duty of care, they can be held liable for injuries caused by their negligence. The steps involved in determining negligence include:

• Duty of Care: The first step is to prove that the property owner owed a “duty of care” to you. This means the owner had a legal responsibility to keep the property safe. Under California law, property owners, landlords, and managers are required to maintain their premises in a reasonably safe condition to prevent foreseeable harm. The level of responsibility depends on why the injured person was on the property. For example, business owners have a higher duty to protect customers (called “invitees”) than they do for people who are trespassing. To meet this duty, property owners must inspect the area regularly, fix dangerous conditions, and post warning signs if immediate repairs are not possible.
• Breach of Duty: Once a duty of care is established, the next step is to prove that the property owner breached this duty. A breach occurs when the owner fails to act as a “reasonable” property owner would under similar circumstances. Examples of breaches might include failing to clean up a spill, ignoring broken stairs, or neglecting to install proper lighting in a dark hallway. To prove this, you must present evidence showing that the property owner either knew or should have known about the hazardous condition but failed to take appropriate action. Evidence can include surveillance footage, maintenance records, witness testimony, or photos of the dangerous condition.
• Causation: The third step is to show that the property owner’s failure to act responsibly is what caused the injury. It’s not enough to prove that a dangerous condition existed — it must be shown that this specific condition caused the injury. For example, if someone slips and falls on a wet floor, they must prove that the wet floor (not their own carelessness) caused the fall. Evidence like medical records, accident reports, and expert testimony can help connect the injury directly to the unsafe condition.
• Damages: You must show that they suffered actual damages because of the injury. Damages may include medical bills, lost wages, physical pain, emotional suffering, and other financial losses. Without proof of these damages, the case may not be successful even if the property owner was negligent. Medical records, receipts, and wage statements can be used to prove the financial and emotional impact of the injury.

By following these four steps, you can prove that a property owner’s negligence caused their injury. This process is essential for winning a premises liability case and receiving compensation for medical costs, lost income, and other damages.

Comparative Negligence

Comparative negligence may also come into play in a premises liability claim. California follows a comparative negligence system, meaning that fault can be shared between parties.

For example, if you were partially at fault for your injury—for instance, by ignoring warning signs—your compensation could be reduced. Your lawyer will work to minimize any allegations of comparative negligence and prove that the property owner’s actions were the primary cause of your injuries.

File a Premises Liability Claim

Filing a premises liability claim is the formal process of seeking compensation for injuries sustained on someone else’s property. In Los Angeles, this involves notifying the at-fault property owner or their insurance company and presenting evidence that demonstrates their liability. A well-prepared claim is essential for achieving a favorable outcome, whether through negotiation or trial.

Your lawyer will draft and submit the claim on your behalf, detailing the circumstances of the accident, the dangerous condition that caused your injury, and the extent of your damages. These damages may include medical expenses, lost wages, future medical expenses, and pain and suffering. They will also include evidence gathered during the investigation, such as photos, witness statements, and maintenance records.

Timing is crucial when filing a premises liability claim. Under California law, you generally have two years from the date of the injury to file a claim, though there are exceptions. For example, if your injury occurred on government property, you may have a much shorter deadline.

Filing your claim promptly ensures that you meet these legal requirements and allows your lawyer to negotiate from a position of strength. A lawyer familiar with the legal process in Los Angeles will ensure that your claim is filed accurately and on time.

Negotiate with Insurance Companies

Negotiating with insurance companies is often one of the most challenging aspects of a premises liability case. Insurance adjusters are trained to minimize payouts, and they may attempt to undervalue your claim or deny it altogether. Having an experienced lawyer by your side can make a significant difference in these negotiations.

Your lawyer will present a detailed demand letter to the insurance company, outlining the evidence of liability and the damages you’re seeking. This letter will include a thorough calculation of your losses, including medical bills, lost wages, and the impact of your injuries on your quality of life. By presenting a compelling case backed by strong evidence, your lawyer can push for a fair settlement.

Insurance companies may argue that the property owner was not negligent or that you were partially at fault for the accident. Your lawyer will counter these arguments by pointing to the evidence, such as photos of the dangerous condition or witness testimony. They will also ensure that you don’t accept a low settlement offer that doesn’t fully compensate you for your injuries.

In some cases, negotiations may take time, especially if liability is disputed or if your injuries are severe. Your lawyer will work diligently to achieve a fair settlement while preparing for the possibility of taking the case to trial if necessary.

File a Lawsuit and Go to Trial

If negotiations with the insurance company fail to result in a fair settlement, filing a premises liability lawsuit may be the best course of action. This involves formally taking the property owner to court and presenting your case before a judge or jury.

Filing a lawsuit begins with drafting a complaint, which outlines the details of your case and the damages you’re seeking. This document is filed with the appropriate court in Los Angeles, and the property owner is served with a copy. From there, the case enters the discovery phase, where both sides exchange evidence, interview witnesses, and gather expert testimony.

During the trial, your lawyer will present evidence that establishes the property owner’s negligence and demonstrates the full extent of your damages. This might include photos of the accident scene, medical records, and testimony from experts who can explain how the dangerous condition caused your injuries. The property owner may argue that they took reasonable steps to maintain safety or that you were partially at fault, but your lawyer will counter these defenses with compelling evidence and legal arguments.

Going to trial can be a lengthy process, but it’s often necessary when an insurance company refuses to offer a fair settlement. A favorable verdict can provide you with the compensation you need to cover medical bills, lost wages, and other damages, as well as hold the property owner accountable for their negligence.

Throughout the entire legal process, having an experienced premises liability attorney on your side ensures that your rights are protected and that you receive the maximum compensation allowed under California law. Los Angeles property owners have a legal duty to maintain safe premises, and when they fail to do so, you deserve justice for the harm you’ve suffered.

Contact a Los Angeles Premises Liability Lawyer

If you’ve been hurt on someone else’s property in Los Angeles, you deserve justice and fair compensation for your injuries. Navigating a premises liability case can be overwhelming, especially when you’re dealing with medical bills, lost income, and the stress of recovery.

The good news is you don’t have to face it alone. Countrywide Trial Lawyers is here to fight for your rights and help you get the compensation you deserve.

Our experienced team understands the unique challenges of premises liability cases in Los Angeles. We’re committed to helping you hold negligent property owners accountable and fight for the compensation you deserve. From gathering evidence to negotiating with insurance companies and representing you in court, we’ll be by your side every step of the way.

Don’t let property owners or insurance adjusters take advantage of you. Let us handle the legal process so you can focus on healing. Call Countrywide Trial Lawyers today at 844-844-9119 for a free, no-obligation consultation.