Is a Tenant a Licensee or Invitee? Can I Sue My Landlord for Premises Liability?

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Is a Tenant a Licensee or Invitee? Can I Sue My Landlord for Premises Liability?2020-08-25T14:53:41+00:00

Is a Tenant a Licensee or Invitee? Can I Sue My Landlord for Premises Liability?

A Guide to Premises Liability Law in Los Angeles

The safety of visitors and residents of a property should be one of the main areas of concern for property owners. Premises liability is where property owners are liable for accidents and injuries that occur on their premises. When an individual suffers an injury on another person’s property, premises liability claims arise, and the individual can look for a premise’s liability attorney for legal assistance. One in ten lawsuits are related to premises liability.
As you enjoy your time in a property, always be aware of the dangers around it. The dangerous properties can cause not only physical injuries but also financial burdens and emotional trauma. Here are the circumstances and individuals who can sue for premises liability when injured on someone else’s property in Los Angeles.

Licensee
This is a person allowed on premises for his interests or benefits and not for the property owner’s profits. The licensee can get a premises liability attorney and sue when injured on the premises. However, the property owner will only be liable if he/she fails to exercise reasonable care to make the conditions of the property safe.

The property owner, however, does not have a legal duty to inspect the premises for licensees.

Invitee
An invitee is a person who has an express or implied invitation by the property owner to his/her premises for any lawful purpose.

The property owners have a legal duty always to ensure:

  • The property is safe for them to use
  • They give warning of any dangerous conditions or structures on the property.

For invitee’s property liability claim to arise, they should prove that the owner neglected the legal duties stated above. This liability requires an experienced premises liability attorney.
Trespasser
A property owner has no legal obligation to protect a trespasser as he/she has no right to be on the premises, though the property owner should not willfully injure them. However, there are various exceptions where a property owner is liable for trespassers injuries.

Children are sometimes unaware of the dangers that might be in the premises they visit, and in case of injury, a Los Angeles personal injury attorney can assist in filing a premises liability claim, as the rules of exception to trespass apply to them.

Children and Playground Injuries
To reduce the number of cases of children injured on someone else’s property in Los Angeles, Property owners must protect them from various dangerous conditions as they play.

The liability for child playground injuries and accidents can be handled by a Los Angeles injury lawyer who must prove that the accused was in charge of the property at the time of the accident, there was negligence in supervision of the child, and that the injured child was authorized to be at the grounds.

Common Accidents In premises
Depending on the property, whether private or public, business, or residential, there are frequent accidents that occur due to dangerous conditions and can lead to an individual to hire attorneys for premises liability claims. The numerous accidents on the premises can range from:

  • Falling on stairs or escalators
  • Accidents on elevators due to poor maintenance
  • Accidents from sharp objects and edges
  • Accidents from falling objects
  • Stampede from overcrowding
  • Fires
  • Accidents from broken windows and tiles
  • Accidents from poor lighting in pathways

The other common accidents are due to chemicals, faulty doors, and assaults due to inadequate security. Depending on the type of accident and injuries sustained, whether caused by swimming pool accidents, falling due to slippery floor or poisoning from food, a Los Angeles injury lawyer can build a strong case for you.

Slippery Floor Accidents
Accidents and injuries caused by slippery floors mostly happen in public buildings. Though accidents are common, it isn’t easy to win such cases.

A good property injury lawyer Los Angeles city, will help you with the documentation process and gather the necessary details on negligence by the property owner, to win the case.

Evidence to Use in a Premises Liability Case
Winning a premises liability case can be a complicated process that requires highly experienced attorneys for premises liability claims. To be compensated when you are injured on someone else’s property in Los Angeles, it is essential to keep the evidence for your case. The evidence can be in form of:

  • Pictures. Take some photos of the hazard that caused your injury e.g., sharp object or slippery floor
  • Accident report. Whenever an accident occurs, it is advisable to report to the authorities. This report can help you win your case.
  • Property records. The records will show the real owner of the premises.
  • Witnesses. Eyewitnesses play an essential role in a court case. It is crucial to keep the names and contacts of the witnesses that were present when you were injured.
  • Hospital bills. The bills will help in determining how much you have spent treating the injuries. Hospital records will also show the extent of the injuries obtained.

With the evidence captured, your property injury lawyer Los Angeles city should be able to build a strong case, which leads to different types of compensation.

How to File a Premises Liability Claim
This process begins by reporting the accident to the property owner and insurance company, explaining the events through a demand letter, and negotiating for a settlement. Dealing with insurance companies and property owners can be a nightmare before agreeing on a solution. Filing a lawsuit, therefore, is another great option for you.

Whenever you need an experienced property injury lawyer Los Angeles, contact us and we will get back to you with the best legal advice you need.

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