Wrongful Death and Premises Liability

In Los Angeles and elsewhere in California, dangerous premises can result in the loss of one or more lives. From serious property defects in public places to unaddressed workplace hazards, dangerous premises can be deadly. After these tragedies, surviving family members may be able to recover financial compensation by filing a lawsuit with a lawyer for wrongful death in Los Angeles.

A Family’s Legal Rights After a Fatal Property-Related Accident in California

A wrongful death claim is a civil lawsuit where a grieving family can seek justice for the preventable loss of a loved one’s life by holding one or more parties accountable. When a death occurs due to a poorly maintained property, the owner or controller of the premises can be held liable (or financially responsible) for contributing to the loss of life through a wrongful death claim. This type of action may arise after a deadly slip and fall, dog attack, elevator or escalator accident, workplace accident, or due to negligent security.

Who Can File a Wrongful Death Claim?

According to California Code of Civil Procedure § 377.60, a cause of action for the death of a person caused by a dangerous or defective property may be brought by the personal representative of the deceased person or by any of the following family members:

• Surviving spouse or domestic partner
• Child
• Issue of deceased children
• Parent or legal guardian

Anyone who would be entitled to inherit under the state’s laws of intestate succession can also file this type of claim if none of the other parties survive. Under California’s statute of limitations, eligible family members have two years from the date of a fatal property-related accident to file a wrongful death claim.

What Are the Elements of a Fatal Premises Liability Claim?

When a wrongful death claim is filed after a deadly premises liability accident in Los Angeles, the filing party or plaintiff bears the burden of proof, meaning it is up to this party to prove the truth of the claim being made. Certain legal elements must be proven in this type of case:

1. Duty. The owner or manager of the property owed a duty of care toward the decedent. All property owners in California have a responsibility to ensure the reasonable safety of their premises for lawful and welcome visitors.

2. Breach. The property owner or defendant failed to meet the duty of care. For example, the owner ignored a known property defect or failed to properly inspect the premises for potential injury risks.

3. Causation. The property owner’s negligence is what caused the victim’s fatal injury or illness. In other words, the victim more likely than not would have survived had the defendant satisfied his or her duty of care as a property owner.
   
4. Damages. Real and specific losses were suffered because of the dangerous premises and the defendant’s negligence. These may include final medical expenses, funeral and burial costs, and the family’s loss of consortium.

Evidence that could potentially be used to prove a fatal premises liability claim includes medical records, witness statements, photographs and videos of the property defect, and testimony from relevant experts.

How Can a Wrongful Death Attorney in Los Angeles Help?

If you suffer the tragic loss of a loved one in a fatal premises liability accident in California, your family may be able to hold a property owner, controller, landlord, employer or another party responsible through a wrongful death claim. An experienced attorney handling Los Angeles personal injury lawsuits can help you seek justice and answers through tailored legal services. You can focus on healing while your lawyer investigates the incident, identifies the liable parties and collects evidence. For a free consultation about a potential case with an experienced lawyer in California, contact Rose, Klein & Marias, LLP.