Property owners have a duty of care to maintain a safe environment to protect visitors against accidents and injuries. If they are negligent and someone gets hurt, the property owner may be liable for damages. “Cause of action” is a term you’ll likely hear if you have a premises liability claim, but you may be unsure about its role in your case.
Here, California injury lawyers with Ellis Law Corporation explain the importance of “cause of action” and how our team takes a systematic approach to prove our clients are entitled to monetary damages for their injuries.
What Does “Cause of Action” Mean?
A cause of action is a set of facts or grounds that justify legal action. It is not enough to say you were injured on someone’s property and expect compensation for medical care and other expenses. Under the law, an accident victim must meet specific criteria to prove negligence and pursue a civil personal injury claim.
Difference Between the Claim and the Cause of Action
A premises liability claim, and the legal cause of action are related—but not the same. A legal claim is a demand for damages a plaintiff seeks to recover from a defendant. The cause of action is the grounds, or basis, for that claim. Every claim must be supported by a cause of action. Without it, the defense can raise a failure to state a cause of action as a defense to possibly dismiss the case entirely.
What Is Needed to Prove Premises Liability Cause of Action
Civil law is quite clear about what constitutes a cause of action. The following elements must exist to justify a premises liability claim.
Duty of Care
The duty of care is the obligation or responsibility to act in a way that does not harm others. In premises liability, the person or entity that owns, leases, or occupies the property has the duty of care to protect visitors.
Visitors fall into three categories:
- Invitee: This visitor is owed the greatest duty of care because they were invited to the property. Common examples of invitees are guests in a person’s home, customers at a retail store, and diners at a restaurant.
- Licensee: A licensee has permission to be on the property but is not necessarily expected to visit. Salespeople, package delivery personnel, or neighbors who stop by unexpectedly would be considered licensees.
- Trespasser: A trespasser is not authorized to enter a location. Property owners do not generally owe trespassers a duty of care.
Establishing how and why the visitor entered the property where they were injured is necessary because the duty of care owed to each person will depend on these details.
Breach of Duty
The next step in proving cause of action is to show that the property owner breached their duty of care. Ellis Law personal injury lawyers must demonstrate that hazardous conditions existed at the property and show the defendant was aware of these hazards but neglected to take action to correct them.
Take the example of a hotel guest who falls on uneven concrete as they enter the building. Let’s say the guest breaks their arm, among other injuries. Ellis Law slip and fall attorneys would investigate the accident to determine (1) who knew about the hazard and (2) how much time they allowed to elapse without completing the necessary repairs.
Causation
There must be a direct link between the defendant’s breach of duty and the plaintiff’s injury. This link is known as causation. Let’s continue with the previous example. The hotel guest’s injuries are a direct result of the hotel staff ignoring the hazardous concrete, which posed an obvious risk to visitors. Causation clearly exists in this scenario.
Evidence used to prove breach of duty and causation may include:
- Medical records
- Police reports
- Eyewitness accounts
- Property maintenance records
- Accident scene photos and video footage
Ellis Law attorneys thoroughly investigate your case to collect evidence, establish the facts, and prove the defendant’s actions directly caused your injuries.
Damages
As slip-and-fall accident lawyers, we aim to achieve a fair outcome that reflects all the ways your injuries have impacted your life. Damages refer to compensation you may be entitled to for economic and noneconomic losses resulting from your accident. In a premises liability claim, damages may include medical expenses, lost wages, mental distress, and physical pain and suffering.
Examples of Cause of Action
A wide range of accidents and injuries can occur on public or private property. These hazardous conditions include:
- Dog bites
- Broken steps
- Cluttered walkways
- Cracked sidewalks
- Dangerous swimming pools
- Defective elevators and escalators
- Falling objects
- Ice and snow accumulation
- Liquid spills
- Loose or torn carpeting
- Missing or loose handrails
- Negligent security
- Poor lighting
- Uneven floors
- Wet floors
If you are injured in any of these situations, medical attention should be your immediate concern. If possible, document the accident scene with photos or video or ask someone nearby for assistance. It is important to gather evidence of these hazardous conditions before the property owner can correct them and dispute your complaint.
Who May Be Liable?
As premises liability attorneys, we are also tasked with determining who is liable for your injuries. While liability often rests with the property owner, other parties may also have a duty to maintain safe conditions.
Property landlords, managers, and tenants can be defendants in a premises liability claim. Maintenance companies, contractors, security companies, and invited guests or event organizers can also be partly liable if their negligence causes visitors harm.
Government entities are responsible for maintaining public sidewalks, parks, and government buildings. If they breach their duty of care to keep these areas safe and well-maintained, a claim against them can be pursued.
Statute of Limitation on Premises Liability Cases
The amount of time a plaintiff has to bring a premises liability claim varies from state to state. In California, victims have two years from the accident date to file a personal injury lawsuit. After that, their case will likely be dismissed, and they will lose the opportunity to recover compensation.
Premises liability claims are complex and require extensive investigation and preparation. To avoid delays and protect your right to sue, schedule a free case review with Los Angeles slip and fall attorneys. Call or connect online to get started today. Based in El Segundo, Ellis Law Corporation proudly represents clients across L.A. and Southern California.
El Segundo,
CA
90245
(310) 641-3335
