Property owners are responsible for keeping their premises in reasonably safe conditions. Failure to do so may result in a property owner facing consequences for acting negligently if any individuals are injured on their premises. Under California Civil Code 1714(a), “Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.”
If an individual wants to file a premises liability lawsuit against a careless property owner, they must show proof of the following:
At West Coast Trial Lawyers, our Pasadena premises liability attorneys have over 60 years of collective legal experience in handling personal injury cases. We have won over 5,000 cases and recovered more than $1 billion of settlements for our clients. Due to our success with client satisfaction, we have been acknowledged as one of the top personal injury law firms in Pasadena.
To schedule a free, no-obligation consultation at our Pasadena personal injury law firm, reach out to our legal team by calling (626) 412-8157 or emailing [email protected].
If you were injured while working on someone’s property, you will be offered a limited opportunity to recover damages for any losses you have suffered. In Pasadena, it is expected for employers to provide workers’ benefits to their employees. They are required to pay for workers’ compensation insurance from two options, either licensed insurers within the state or from the State Compensation Insurance Fund (SCIF).
An employer must buy workers’ compensation insurance, regardless of how many employees they have. Employees who become ill or injured will have an easier time getting medical treatment or recovering lost wages. If the employer is not properly insured, then California’s Uninsured Employer’s Benefit Trust Fund (UEBTF) will take the place of the insurance company to pay for the worker’s compensation insurance benefits.
To qualify for workers’ compensation benefits, the employee must:
Workers’ compensation benefits apply to full time, part-time, and seasonal employees. However, there are other classes that are not eligible to receive workers’ compensation. This includes:
Employees who work in a private home are still qualified for workers’ compensation if their wages are paid by the:
It is important to have warning signs to inform individuals, especially children, that they are not welcomed on the property without being given permission to enter. If you barricade your property with locked gates or fencing, you will likely avoid being held liable for a child trespassing and getting injured. The inverse also applies if your child was hurt on someone else’s property.
Another scenario that could get you in trouble with the law is exhibiting negligence or carelessness while supervising a child on your premises. You are responsible for monitoring the child on your property. Lack of care or attention will increase the chances of the child getting harmed. The inverse also applies if your child was hurt on someone’s property due to negligence.
When it comes to trespassing, children may feel tempted to step foot on someone else’s property if they notice an attractive nuisance. An attractive nuisance is something that makes children want to walk into another individual’s property. Courts have created limitations by having requirements for the objects to be man-made or by making it mandatory for a property owner to maintain the nuisance in order to be held liable. This includes, but is not limited to:
An example of an attractive nuisance scenario is a child who is mesmerized by their next-door neighbor’s playground set. It appears that the neighbor has not set up any barricades to prevent the child from entering their premises. The child has easy access to the property and makes his way to the playground set. The child steps onto the playground set and is heading towards the slide. As the child is preparing to go down the slide, he slips and falls down. The child sustains a large bump to the forehead and bruises on his legs. Under this type of circumstance, the property owner can be held liable for not setting up any protection or warning signs to prevent anyone from accessing their premises.
In summary, if you were injured on someone else’s property, whether it was private or commercial, as a result of the property owner’s negligence, you may be entitled to receive compensation for your losses.
If you were involved in a premises liability accident and would like to pursue a lawsuit against the party at-fault, West Coast Trial Lawyers has Pasadena premises liability attorneys who are available 24/7 to provide you with legal assistance.