Premises Liability Attorneys

Securing Justice for Premises Accident Victims Nationwide

Property and public space owners must ensure their premises are safe for visitors. When they fail in this duty, we step in.

Premises liability allows victims injured on another’s property to bring claims against the owners, occupants, and parties in control. To prevail in a premises case, however, victims and attorneys must often contend with powerful corporations and a maze of legal hurdles.

At Athea Trial Lawyers, we know premises cases. We’re backed by the insight of six of the country’s most esteemed litigators, and we’ve helped clients and counsel nationwide build winning cases through resourceful investigation, trial prep, and creative, out-of-the-box storytelling.

If you have a claim, we can review it and discuss how we can help. Call (800) 664-0161 or contact us online for a FREE consultation!

Comprehensive Premises Liability Case Representation

Athea Trial Lawyers is renowned for tackling high-stakes cases. We’re equipped to handle serious premises claims involving issues such as:

• Security issues
• AEDs / failures to render aid
• Swimming pool accidents
• Code violations and inadequate maintenance
• Toxic exposure
• Sporting events and large venues
• Explosions and fires
• Serious injuries or wrongful death

What is Premises Liability?

Premises liability is landowners' liability for injuries on their property. It means parties that own, occupy, lease, or control property can be held financially responsible for damages suffered by people hurt on their land or in their place of business.

To prevail in a premises case, Plaintiffs must prove a few essential elements:

1. Duty. The owner, occupier, or controller of the property owed a duty of care to the Plaintiff;
2. Breach of Duty. The owner negligently failed to meet the duty of care.
3. Causation. The Plaintiff suffered damages as a result.

Evaluating Your Premises Liability Claim

If you were hurt on another’s property, you may have grounds to recover damages from the party that owned, occupied, leased, or exercised sufficient control over the property. Depending on your case, this could be a retail business, a developer, or a property manager, among others.

Premises cases are highly fact-specific and vary widely in scope and complexity. However, they all focus on whether a premises owner failed to uphold obligations to ensure a reasonably safe environment. This means that you might have a potential claim if injuries occurred because owners/occupiers:

• Failed to address unsafe conditions they knew or should have known about.
• Failed to inspect the property or exercise reasonable care in its maintenance routinely.
• Failed to warn or protect against unsafe conditions sufficiently.
• Failed to recognize the foreseeability of injuries and address them appropriately.

Juries that decide premises cases consider many factors when deliberating over the “reasonableness” of an owner’s actions and whether it constitutes negligence. Some factors include:

• The type of property/business (i.e. a bar with more significant risks of altercations)
• The dangerous condition and the likelihood of injuries
• Whether defendants knew or should have known about unsafe conditions (i.e., they have actual or constructive knowledge, prior incidents, violations, etc.).
• How reasonable or challenging it was to protect against risks.

Who is Liable for Premises Liability?

In premises liability cases, the party responsible for maintaining a safe environment on a property can be held liable if someone is injured due to unsafe conditions. The specific party liable typically depends on their control over the property and their role in maintaining it.

Here are the key parties who can be held liable:

• Property Owners: The primary party responsible in most premises liability cases is the property owner. This can include homeowners, business owners, or corporations. Property owners are generally responsible for maintaining safe conditions on their property and warning visitors of any known hazards.
• Tenants or Occupiers: In some cases, the party leasing or occupying the property (like a tenant in a rental property or a business renting commercial space) can also be held liable if they are responsible for the condition that caused the injury. This usually applies if they have control over the area where the injury occurred or if their lease agreement places responsibility for maintenance on them.
• Property Managers: Property management companies or individuals hired to maintain and oversee the property can also be liable, mainly if an unsafe condition arose due to their failure to properly manage or maintain the property.
• Business Owners: If the injury occurs at a place of business, the business owner might be held liable, mainly if the business operates on leased property. Business owners are responsible for ensuring their premises are safe for customers, employees, and visitors.
• Government Entities: When the injury occurs on public property, such as parks, streets, or government buildings, a government entity may be held liable. However, pursuing a premises liability claim against a government entity can be more complex due to special legal protections and notice requirements.
• Contractors or Maintenance Companies: If a third-party contractor or maintenance company was hired to perform work on the property and their negligence led to unsafe conditions, they might also be held liable.

Liability in premises cases often depends on proving that the responsible party knew or should have known about the hazardous condition and failed to take reasonable steps to fix it or warn others.

Proven Success in High-Value Premises Liability Cases

Athea Trial Lawyers has secured some of the nation’s most significant premises accident recoveries. Our record includes billions in compensation for clients, record-setting results, and victories that have helped shape laws. Some examples of our premises cases:

• $160 Million verdict for traumatic brain injury (TBI) caused by casino security guards.
• $52 Million verdict against the convenience store chain over the death of an employee who was abducted from work, assaulted and murdered due to the store’s security failures (McConnell v. Allsup’s).
• 25 Million dram shop verdict against a nightclub that overserved a drunk driver.
• $17 Million verdict over the wrongful death of a blind man who fell into an un-barricaded gap between train cars (Cuhbertson v. LACMTA).
• A CA Supreme Court victory, following a nearly 10-year battle in the trial court, Appellate Court, and state Supreme Court to establish that CA colleges must protect students from known dangers in the classroom (Rosen v. The Regents of the University of California).

Contact Our Premises Liability Lawyers Today

Premises cases present many challenges in a victim’s quest for justice – especially when powerful corporations and insurance carriers leverage deep pockets to pay as little as possible. With the insight and resources experienced attorneys provide, victims can level the playing field and position themselves for the financial recovery they deserve.

Contact Athea Trial Lawyers today to meet with our natiowide premises liability attorneys!