Premises Liability: Cleaning Up a Property after a Storm

June 27, 2018
On behalf of The Law Offices of Howard Craig Kornberg Posted in Premises Liability

Premises liability is an important topic for any property owner. Whether you own a commercial or residential property you need to know and understand what it is you are liable for if someone gets injured on your property. A hot topic in the premises liability discussion is cleaning up a property following a storm. Our premises liability attorney has some important information to relay to you about the storm cleanup of your property.

Summer Storms and Property Damage

The storms that sweep through California in the summer can be quick but leave quite a bit of damage. Rain is something all of California can use often to help get rid of wildfires but just as important as rain it can also cause flooding and other damage. Too much rain and heavy winds in Los Angeles and the surrounding communities can lead to felled trees, holes, debris, and other issues with your property.

Reasonable Cleanup

When a storm is active in your area of California you are not expected to begin the cleanup process during the storm. No one expects you to head out in the middle of the inclement weather to pick up branches, fill in holes, or sweep debris off sidewalks. You are not expected to begin cleanup until the storm is finally gone. The clock does not begin to tick until the storm ends in your area.

Failure to Clean Storm Damage

Once the skies clear and the storm leaves your area it is your responsibility as a property owner under premises liability laws to clean the storm damage. If you fail to clean the property of storm damage within at least 24 hours and someone gets hurt from that damage you could face legal consequences, including a lawsuit.

Storm Damage Injuries

If you ever find yourself on someone’s property following a storm that left behind damage, you could wind up suffering any of the following injuries:

  • Electrocution
  • Head injuries
  • Slip and falls
  • Fractures
  • Sprained ligaments
  • Death

Proving Negligence

A big part of a premises liability case is being able to prove negligence on the part of the homeowner. This can be very difficult for the plaintiff, or the victim who suffered the injury, because of the timeline involved.

The victim, if filing a lawsuit for an injury, will need to prove that the homeowner failed to clean the property of the debris caused by the storm within 24 hours of the storm coming to an end. If there are cameras on the property or nearby homes the timestamps on the recordings could help, but this is never a guarantee.

If you or a loved one has suffered an injury on someone else’s property due to the homeowner’s negligence to clean the property following a storm, call our Los Angeles premises liability attorney at 310-997-0904. A free initial consultation with an attorney can help you understand if you have a legitimate case against the property owner for the injuries you suffered on their property after the storm.


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