The State Bar of California
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Dangerous Conditions on Property

Los Angeles Lawyers for Victims of Dangerous Property Conditions

The law imposes on property owners and businesses occupying property a duty to reasonably maintain the property and to keep it safe, or at least warn visitors of risks. For example, when floors in a retail store are being cleaned, the store should put out caution cones and a wet floor sign to warn of the potentially dangerous wet floor. Similarly, municipalities and counties have a responsibility to keep public property in a safe condition, and enact ordinances requiring property owners adjacent to the sidewalks to maintain the sidewalk in a safe condition. Some common dangerous conditions on property include potholes, uneven or rotted stairs, broken rails, balcony collapses, slippery floors, loose carpet, uneven sidewalks and falling objects. Our Los Angeles premises liability lawyers can help you hold a property owner accountable for these conditions.

Liability for Dangerous Conditions on Property in California

To recover damages for dangerous property conditions, a plaintiff must show: (1) the duty of the property owner or occupier to the plaintiff, (2) breach of duty, (3) causation, and (4) actual damages. The highest duty of care is owed to those invited to a property, such as customers at a shopping mall or patrons of a restaurant. However, in most cases, no duty is owed to trespassers that the property owner does not know about.

Many dangerous property condition lawsuits involve a concealed danger. If a danger is open and obvious, a defendant landowner may take the position that the plaintiff should have seen it and avoided it in the exercise of due care. However, if an owner or occupier is aware of a concealed condition that involves an unreasonable risk of harm to those that come into contact with it, however, and are aware that a visitor is about to come into contact with it, the failure to warn the visitor or repair the condition is usually considered negligence in California.

Parents should be aware that in California, unlike many other states, a private swimming pool is not an "attractive nuisance" as a matter of law; private swimming pool owners in California do not automatically owe a duty to trespassing children to keep the swimming pool covered in case a small child trespasses onto the property, falls in and drowns. However, every case is different and sometimes other theories of liability may apply to a case involving a child's injury.

What if the dangerous condition occurs on public property, rather than private property? Public property, such as roadways or highways, must also be kept safe for users. Appropriate traffic controls and signs should be used to prevent motor vehicle accidents. In some cases, unguarded ditches, unmarked construction zones, or a poorly designed roadway cause a serious accident. If you believe you have a claim based on dangerous property conditions on public policy, you should be aware that there is a much shorter window of time of six months within which your attorney can file a claim against cities or counties. If you fail to file within that short window, you lose your right to sue for damages.

Hire a Premises Liability Lawyer in Los Angeles

Those who experience catastrophic injuries or lose a loved one because of dangerous conditions on property deserve experienced representation. The Los Angeles attorneys of the Sharifi Firm, APC represent those injured in San Bernardino, Rancho Cucamonga, Temecula and elsewhere in Southern California. Contact us at (866) 422-7222 or via our online form for a free, no-obligation consultation.

Client Reviews

Attorney, Jubin Sharifi, and his staff are truly a rare find. He has handled a couple of cases for my family with great results. Him and his staff are courteous, professional and caring. They always keep us informed of the status of our case on a regular basis and they really know how to deal with insurance companies and their attorneys. I highly recommend the Law Office of Jubin Sharifi. Matt N.
Law Offices of Jubin Sharifi was able to obtain exceptional results in a very timely fashion for my car accident case. I highly recommend his law office to anyone with an injury case. A. Pak
Attorney Jubin Sharifi handled an accident case for me, and obtained exceptional results in a timely manner. I was extremely pleased with his work and he was there to answer my questions and concerns. I recommend any one with an injury claim to contact him right away. P. Zare
Mr. Sharifi & Firm; Your special ways and generous heart make a beautiful difference. Thank you so much! p.s. Please pass along my gratitude to all involved. Catherine
I had a car accident case. My car was repaired in 2 weeks and got a great settlement from the insurance company. Highly recommended. A. Aminian