Premises Liability Wrongful Death Lawyer
Premises Liability Wrongful Death Lawyer - Personal injury lawyers. No fee unless we win. Free consultation. Call (818) 514-7680.
California Personal Injury Legal Services
No-fee-unless-we-win personal injury representation across California. We handle car accidents, truck accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, slip and fall injuries, dog bites, medical malpractice, wrongful death, and catastrophic injuries.
California Personal Injury Law
California follows pure comparative negligence (Civil Code). Two-year statute of limitations for personal injury, three years for property damage. We fight insurance companies to maximize your compensation.
Free case evaluation: (818) 514-7680.
Fees, Costs and Case Results
Where representation is offered on a contingency basis there is no attorney fee unless we recover, and the firm advances case costs — filing fees, expert witnesses and medical records — which are then repaid out of any recovery. If there is no recovery, you owe no attorney fee. The specific terms that apply to a matter are set out in the written fee agreement for that matter.
Where this site refers to a verdict, settlement or court order, that result was dependent on the facts of that case, and results will differ if based on different facts. Past results do not predict or guarantee the outcome of any other matter, and no particular outcome is promised or guaranteed.
Frequently Asked Questions
- What is premises liability wrongful death in California?
- Premises liability wrongful death occurs when a property owner's negligence in maintaining safe conditions causes a fatal injury on their property. Under California Civil Code 1714, property owners owe a duty of care to anyone lawfully on their property. Common cases include fatal slip and falls, drowning in unguarded pools, deaths from negligent security, and fatal injuries from building code violations.
- Who is liable for a fatal accident on someone else's property?
- Property owners, property managers, tenants, landlords, business operators, and government entities responsible for public property may all be liable. California applies a general negligence standard, considering whether the property owner knew or should have known about the dangerous condition and failed to address it. Commercial property owners have heightened duties to inspect and repair.
- What types of premises conditions cause fatal injuries?
- Fatal premises conditions include uneven or wet surfaces causing deadly falls, unfenced swimming pools, inadequate lighting in parking structures, broken stairways and railings, elevator and escalator malfunctions, negligent security leading to criminal attacks, structural collapses, fire safety violations, toxic chemical exposure, and falling objects from construction or deteriorating buildings.
- Can I sue for wrongful death if my loved one drowned in a swimming pool?
- Yes. California has strict pool safety laws requiring fences, self-closing gates, alarms, and safety covers for residential pools. Property owners, landlords, and HOAs can be held liable for drowning deaths caused by failure to comply with pool safety requirements. Apartment complexes and hotels have heightened duties regarding pool safety and lifeguard requirements.
- What is negligent security wrongful death?
- Negligent security occurs when a property owner fails to provide reasonable security measures and a person is fatally attacked on the property. Examples include apartment complexes without working locks, parking garages without lighting or cameras, hotels without security personnel, and nightclubs without adequate crowd control. The property owner must have had notice of prior criminal activity in the area.
- How do building code violations affect a wrongful death claim?
- Building code violations are strong evidence of negligence per se in California -- meaning the violation itself establishes a breach of duty. Common fatal violations include missing fire exits, non-compliant stairway railings, inadequate structural support, absent smoke detectors, blocked emergency exits, and violations of ADA accessibility requirements that contribute to fatal falls.
- What is the statute of limitations for premises liability wrongful death?
- California's statute of limitations is two years from the date of death (CCP 335.1). For government property (public sidewalks, parks, government buildings), a government tort claim must be filed within six months of the incident. Prompt investigation is essential to document the dangerous condition before repairs are made.
- What damages are available in a premises liability wrongful death case?
- Damages include loss of financial support and future earnings, loss of love and companionship, loss of household services, funeral and burial expenses, and the reasonable value of guidance the deceased would have provided. If the property owner acted with conscious disregard for safety (such as ignoring known hazards), punitive damages may also be available.
Contact Trembach Law Firm
Trembach Law Firm, APC
27001 Agoura Road, Suite 350, Calabasas, CA 91301
Phone: (818) 514-7680
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