Burbank Premises Liability Lawyer
If you suffered an injury on another person’s property in Burbank, your rights are protected under California’s premises liability laws. Premises liability refers to a broad category of personal injury law that addresses dangerous conditions on private and public property. If you or your loved one is injured because of unsafe property or building conditions, you may file a legal claim for damages against the property owner.
With Yarian Accident & Injury Lawyers on your side, you will not have to stress about taking on this challenging claim alone. Reach out to us right away to discuss your potential claim and find out if you might have a case. Our experienced Burbank premises liability lawyers have years of experience handling these devastating accidents, so we know the complex laws that govern these situations and what we need to do to obtain the damages our clients deserve.
Yarian Accident & Injury Lawyers—Burbank Personal Injury Lawyers
Yarian Accident & Injury Lawyers was founded to help injured individuals get the best results possible for their personal injury claims. Now, with more than two decades of experience negotiating and litigating personal injury cases, we have done just that, plus so much more.
Yarian Accident & Injury Lawyers consists of knowledgeable and reputable personal injury attorneys experienced in California civil law who are ready to provide our clients the compassion they need and the answers they require while vigorously fighting for their rights.
As a result of our experience, dedication, and drive, our firm has been able to help thousands of clients throughout the years and has procured more than $100 million for our clients in settlements and jury verdicts. If you need a legal team with considerable knowledge of the law, substantial financial resources, and extensive trial skills, the law firm of Yarian Accident & Injury Lawyers can provide just that.
Premises Liability Laws—The Key Components You Need to Know About
Under California’s premises liability laws, property owners have a duty of care to maintain their property in a reasonably safe condition and to warn their guests and visitors of dangers that are not open and obvious.
Specifically, this duty of care obligates individuals who own, control, or possess a property to exercise reasonable care to maintain their property, inspect their property, and repair or give adequate warning of any dangerous conditions.
As a result, if a property owner does not fulfill this duty and an individual is harmed on their property, the injured person can pursue a premises liability claim against the property owner.
To collect compensation for their injuries, the injured person must prove:
- The property or land is owned or possessed by the defendant;
- The defendant did not exercise reasonable care to prevent injury on their property;
- The victim was harmed because of this failure; and
- The defendant’s failure to exercise reasonable care was the primary cause of the victim’s injury.
To ensure that you can prove each of these elements in your accident claim, you should reach out to a skilled Burbank premises liability lawyer, such as the attorneys at Yarian Accident & Injury Lawyers as soon as possible. An attorney can investigate your incident and, if your case meets the legal requirements for a personal injury claim, the attorney can help you pursue the financial recovery you deserve.
Common Burbank Accidents That Can Lead to a Premises Liability Case
Although many circumstances can result in a premises liability case in Burbank, some certain accidents and conditions give rise to these claims more frequently.
- Swimming pool accidents
- Escalator or elevator accidents
- Construction site accidents
- Leaking water
- Flooding, which is a severe concern for Burbank residents, as studies indicate that approximately 9,119 properties in the city are already at risk for flooding due to bad weather and intense storms
- Toxic chemicals
- Potholes and poor road conditions, such as on La Crescenta Avenue, which is known for its deteriorated pavement
- Accidents resulting due to poor building maintenance, such as loose handrails or faulty flooring
- Slip and fall incidents because of a slippery surface—for instance, if a customer slips and falls because of a wet spot in one of the aisles at Vons
- Cracked or broken sidewalks
- Collapsing decks
- Exposed wiring
- Wet floors
- Icy sidewalks
- Poorly-marked steps, ramps, or slopes
- Bumps in carpets
- Negligent security
- Dog bites or attacks
- Failure to provide adequate lightning
If you have been harmed in a premises liability accident but do not see your accident on this list, that does not necessarily mean you do not have a viable case. This list includes the most common accidents that lead to premises liability claims, but it is not exhaustive of all the situations that can give rise to these types of cases. No matter how your premises liability accident occurred, if you have been injured, you should reach out to a skilled Burbank premises liability lawyer right away. An attorney can promptly get to work to figure out what caused your accident and determine if you have a valid legal case.
What Is Eligible For A Premises Liability Accident?
Premises liability applies to nearly all public and private properties in California. A claim for premises liability can range from small local businesses to large corporations. A few types of premises that can be held responsible include, but are not limited to:
- Shopping centers or malls
- Movie theatres
- Water parks
- Night clubs
- Sporting arenas
- Amusement or Theme Parks
- Parking lots
Who Is Responsible for a Burbank Premises Liability Accident?
If you suffered an injury on another’s person’s property, you can often pursue legal action against the party who owned, leased, controlled, or occupied the property.
Consequently, in a Burbank premises liability case, the at-fault parties may include:
- Business owners;
- A property management company;
- A parent company; and/or
- An employee of any of the above.
Due to the number of defendants that can potentially be held responsible for your injuries and damages following a premises liability accident, it is in your best interests to reach out to an experienced Burbank premises liability lawyer at Yarian Accident & Injury Lawyers as soon as possible. An attorney can determine which parties may be at fault for your accident and help you seek to hold them accountable for the harm and losses you suffered.
Damages Available in a Burbank Premises Liability Lawsuit
If you pursue a premises liability lawsuit in Burbank following your accident, you may seek compensation related to both your financial and non-economic losses caused by the incident. This compensation often includes the following:
Economic Damages: These damages refer to the verifiable and actual losses that result from the accident, such as:
- Medical bills including past, current, and future medical expenses related to your hospital stay, doctor’s visits, surgeries, emergency services, prescription medications, and more;
- Lost wages;
- Lost earning capacity;
- Property damages;
- Replacement services such as child care or cleaning services;
- At-home nursing care;
- Rehabilitative therapy, including physical and occupational therapy; and
- Other out-of-pocket expenses.
Non-economic Damages: These damages compensate the victim for losses that are subjective and do not have a set dollar value.
They include compensation for:
- Pain and suffering;
- Loss of a limb;
- Loss of enjoyment of life;
- Loss of reputation;
- Inconvenience; and
- Loss of companionship.
In some rare situations, the victim may also receive punitive damages. Unlike the other types of compensation, which compensate the victim for their losses following an accident, a court awards punitive damages to punish the defendant for their dangerous conduct and deter others from doing the same. To receive these damages, the victim’s lawyer must show through clear and convincing evidence that the defendant caused the victim’s injuries through intentional harm or extreme recklessness.
If a loved one was killed in a Burbank premises liability accident, the surviving family members may be eligible to bring a claim for damages against the party who is responsible for their death.
Typically, in California, wrongful death damages include:
- Funeral costs;
- Burial costs;
- Support the descendent would have earned as income had they not passed away; and
- Compensation for the loss of companionship and support the family members lost after their loved one passed away.
Do Burbank Property Owners Owe a Duty of Care to Every Visitor on Their Property?
Although California’s property owners need to maintain their property in a reasonable condition free of hazards for their guests, not every person who enters a property is welcome there. For that reason, a property owner’s duty of care depends on the type of visitor that is on their property.
Visitors are put into the following categories:
A licensee is an individual who has the property or landowner’s implied or express permission to be on the property. However, licensees are on the property for their own purposes, such as salespeople, friends, family, or social guests. Consequently, property owners usually owe licensees a duty to repair dangerous conditions or warn them about dangerous conditions if repair is not reasonably feasible. They do not owe them a duty to inspect the property for any hazardous conditions.
An invitee is a person that has been invited by the owner through express or implied permission and is on the property for the owner’s commercial benefit or a purpose related to the owner’s business dealings. For instance, a Burbank Galleria shopper is an invitee because the shopping center actively invites the public to come in and purchase items and goods from their stores.
A property owner owes invitees the highest duty of care in keeping the premises safe and free of dangerous defects. This duty generally requires the owner to reasonably inspect the property for hazardous conditions that any other reasonable property owner would discover. As a result, this duty implies that the property or landowner can be held liable for injuries resulting from a dangerous condition that they were not actually aware of but could have discovered through ordinary diligence.
A trespasser enters another person’s property without invitation, license, or other rights to do so. Traditionally, a property or landowner is not responsible if a dangerous property condition harms the trespasser. However, if the owner discovers a trespasser on their property, they may need to warn them of dangerous conditions they know of or have reason to believe could harm the trespasser.
Following a Burbank Premises Liability Accident, Reach out to Yarian Accident & Injury Lawyers Today, and Get the Legal Help You Need
If a premises liability accident harmed you in Burbank, you are likely dealing with a lot of stress, not to mention injuries. The last thing you probably want to do is try to gather relevant evidence to show fault and damages and prepare sound legal arguments to prove your claim. However, without a solid legal case, you will not be able to obtain the compensation you need for your injuries and losses.
Thankfully, if you retain an experienced Burbank premises liability attorney from Yarian Accident & Injury Lawyers, you will not have to worry about taking on this complex legal battle on your own. A lawyer can go over your premises liability accident, evaluate your claim, figure out if you have a viable case, and determine what legal options you can pursue. They can then thoroughly investigate the incident, determine what happened and who was at fault, and secure the evidence required to prepare the strongest case possible to go after the maximum financial compensation you deserve.
Do not wait any longer to seek the legal help you need. Reach out to Yarian Accident & Injury Lawyers today for your free case consultation and let our legal team show you how we can fight for you, your rights, and the damages you deserve. Call us at any time at (818) 459-4999 or send us a message using the form on our contact page.
Yarian Accident & Injury Lawyers Burbank Office
700 N Central Ave Suite 470
Burbank, CA 91203
California Civil Jury Instructions for Unsafe Conditions – Visit the website of the California Judicial Branch Home and find a downloadable copy of jury instructions for unsafe conditions. Read the documents that the jury themselves will follow to dictate their decision during litigation if you are injured on a business property or residential property.
When May You Hold a Property Owner Liable for Your Injuries? – Visit HG.org, a resource for legal professionals. Get answers for your questions such as: if someone is injured on your property are you liable, can you sue if you fall in a store, if someone trespasses on your property and get hurts are you liable, and more.