Premises Liability Lawyer in Burbank

Premises liability is an area of law that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. In a bustling city like Burbank, where public and private properties are frequented by residents and visitors alike, premises liability laws play a crucial role in ensuring safety and accountability. If you’ve been injured on someone else’s property in Burbank, understanding your rights under premises liability law is essential to securing the compensation you deserve.

Common Scenarios Leading to Premises Liability Claims

Several scenarios can give rise to premises liability claims in Burbank. Some of the most common include:

• Slip and Fall Accidents: These are perhaps the most common type of premises liability claim. They occur when a person slips, trips, or falls due to a hazardous condition on the property, such as a wet floor, uneven pavement, or poorly lit stairwell.
• Inadequate Security: Property owners, especially those operating commercial establishments like shopping centers or apartment complexes, are responsible for providing adequate security. If a person is assaulted or otherwise harmed due to a lack of security measures, such as broken locks or insufficient lighting, the property owner may be liable.
• Dog Bites: In California, dog owners are strictly liable for injuries caused by their pets. If a dog attacks someone on the owner’s property, the victim may file a premises liability claim to recover damages.
• Dangerous Conditions: This category includes a wide range of hazards, such as exposed wiring, loose floorboards, and malfunctioning elevators. If a property owner fails to address these dangers and someone is injured as a result, a premises liability claim may be warranted.
• Swimming Pool Accidents: In Burbank’s warmer climate, swimming pools are common. However, they also pose significant risks, especially to children. Property owners must ensure that pools are properly fenced, supervised, and maintained to prevent accidents.

Premises Liability Law in California

Premises liability is a legal concept that holds property owners and occupiers responsible for certain types of injuries that occur on their property. In California, premises liability laws are based on the principle that property owners must maintain their property in a reasonably safe condition to prevent harm to visitors.

California’s premises liability laws are rooted in the broader concept of negligence. Under these laws, a property owner or occupier may be found negligent if they fail to take reasonable steps to ensure the safety of their property and someone is injured as a result. This negligence could involve failing to repair a known hazard, neglecting to warn visitors of potential dangers, or not adequately maintaining the property.

To succeed in a premises liability claim, the injured party must prove that:

1. The defendant owned, leased, occupied, or controlled the property.
2. The defendant was negligent in the use or maintenance of the property.
3. The plaintiff was harmed.
4. The defendant’s negligence was a substantial factor in causing the plaintiff’s harm.

The Duty of Care Property Owners Owe to Visitors

Central to California’s premises liability law is the concept of the “duty of care.” This refers to the legal obligation that property owners and occupiers have to act in a way that prevents harm to others. The level of duty owed depends on the relationship between the property owner and the visitor, which is determined by the visitor’s status on the property.

Categories of Visitors

Invitees

Invitees are individuals who enter the property for a purpose that benefits both the visitor and the property owner, such as customers in a store or tenants in an apartment complex. Property owners owe the highest duty of care to invitees. This duty includes regularly inspecting the property for potential hazards, promptly repairing dangerous conditions, and warning invitees of any risks that cannot be immediately addressed.

Licensees

Licensees are social guests or individuals who enter the property for their own purposes but with the property owner’s permission. An example would be a friend visiting someone’s home. Property owners owe a moderate duty of care to licensees, which includes warning them of any known hazards that are not obvious. However, there is no obligation to actively inspect the property for dangers.

Trespassers

Trespassers are individuals who enter the property without permission. In general, property owners owe the least duty of care to trespassers. However, they are not entirely free from responsibility. Property owners cannot willfully or wantonly cause harm to trespassers and may be liable if they are aware of frequent trespassing and fail to address known dangers that could cause serious injury.

Compensation in Premises Liability Cases

Daños económicos

Economic damages are intended to compensate victims for the tangible, quantifiable losses they incur as a result of their injuries. These damages cover the direct financial impact of the accident and can often be substantiated with bills, receipts, and financial records. The primary types of economic damages include:

Medical Expenses (Current and Future)

Medical expenses typically represent the most substantial economic damage in premises liability cases. This category includes:

• Current Medical Costs: This covers all immediate medical expenses related to the injury, such as emergency room visits, surgeries, hospital stays, doctor consultations, medications, physical therapy, and rehabilitation services.
• Future Medical Costs: If your injuries require ongoing or long-term treatment, you may also be entitled to compensation for future medical expenses. This can include costs for continued physical therapy, additional surgeries, long-term care, or assistive devices.

Lost Wages and Loss of Earning Capacity

Injuries from a premises liability accident can prevent you from returning to work, either temporarily or permanently. Economic damages in this category include:

• Lost Wages: Compensation for the income you lost during the period you were unable to work due to your injuries. This can also cover lost sick days, vacation time, or bonuses that you missed out on because of your absence.
• Loss of Earning Capacity: If your injury results in a long-term or permanent disability that affects your ability to work or forces you to take a lower-paying job, you may be entitled to compensation for the loss of future earning capacity. This calculation often involves expert testimony to estimate the financial impact of your reduced earning ability over time.

Property Damage

If your personal property was damaged or destroyed as a result of the incident, you may be entitled to compensation for the repair or replacement of those items. Common examples include:

• Repair Costs: If an accident damages your belongings, such as a broken phone or damaged clothing, the costs to repair these items may be covered.
• Replacement Costs: In cases where the property cannot be repaired, you may be compensated for the cost of replacing the item with a similar one.

Daños no económicos

Non-economic damages are intended to compensate victims for the intangible, non-financial losses they suffer due to an injury. These damages are more subjective and can vary significantly from case to case. The main types of non-economic damages include:

Dolor y sufrimiento

Pain and suffering refer to the physical discomfort and emotional distress experienced as a result of the injury. This type of compensation is meant to acknowledge the pain, discomfort, and inconvenience caused by the injury, including:

• Physical Pain: Compensation for the actual physical pain endured as a result of the injury, which can be temporary or chronic.
• Ongoing Discomfort: If the injury results in long-term or permanent pain, this may increase the amount of compensation awarded.

Emotional Distress

Emotional distress covers the psychological impact of the injury, which can include anxiety, depression, and other mental health issues that arise as a result of the accident. Compensation for emotional distress may include:

• Post-Traumatic Stress Disorder (PTSD): If the accident was particularly traumatic, you may develop PTSD, which can have a profound impact on your life and ability to function.
• Anxiety and Depression: The stress and emotional turmoil following an injury can lead to significant mental health challenges, which may be compensable.

Pérdida del disfrute de la vida

Severe injuries can significantly impact your ability to enjoy daily activities and hobbies that you once found fulfilling. Compensation for loss of enjoyment of life is intended to address this reduction in your quality of life, including:

• Inability to Participate in Hobbies: If your injury prevents you from engaging in activities you once enjoyed, such as sports, travel, or spending time with family, you may be compensated for this loss.
• Impact on Daily Life: This can also include the impact on your ability to perform daily tasks or enjoy relationships in the same way as before the injury.

Daños punitivos

Punitive damages are not awarded in every premises liability case. Unlike economic and non-economic damages, which are intended to compensate the victim, punitive damages are meant to punish the defendant for particularly egregious behavior and to deter similar conduct in the future.

Punitive damages may be awarded in premises liability cases if the defendant’s actions are deemed grossly negligent or if they engaged in willful misconduct. Some examples of circumstances that might warrant punitive damages include:

• Gross Negligence: If a property owner knew about a hazardous condition but deliberately chose not to address it, despite the high risk of injury, this might be considered gross negligence.
• Willful Misconduct: In cases where the property owner’s actions were intentional or malicious, such as deliberately creating a dangerous condition or failing to warn visitors of a known danger, punitive damages might be appropriate.
• Reckless Disregard for Safety: If the property owner demonstrated a reckless disregard for the safety of others, such as refusing to fix a known hazard after multiple complaints, punitive damages may be awarded to send a strong message and prevent similar behavior in the future.

Contactar con el bufete Drake

Premises liability cases can be complex and challenging, requiring a deep understanding of California law and a strategic approach to securing fair compensation. If you’ve been injured on someone else’s property in Burbank, it’s crucial to have an experienced premises liability lawyer by your side who can advocate for your rights and guide you through the legal process.

Don’t wait to seek the legal help you need. If you or a loved one has suffered an injury due to unsafe conditions on another person’s property, contact Drake Law Firm today for a free consultation. Our team is dedicated to thoroughly investigating your case, identifying all liable parties, and fighting relentlessly to secure the maximum compensation you deserve. We understand the physical, emotional, and financial toll that a premises liability injury can take, and we’re here to support you every step of the way.

Contact Information

Take the first step toward justice and recovery by reaching out to Drake Law Firm:

• Los Angeles Office: 19935 Ventura Blvd, 3rd Floor, Woodland Hills, CA 91364
• Phone: 1-844-513-7253
• Website: www.drakelawgroup.com