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HomeArticlesWhy Evidence Disappears So Fast in Premises Liability Cases

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Why Evidence Disappears So Fast in Premises Liability Cases

Surveillance loops overwrite. Spills get mopped. Incident reports go unwritten. In a fall case, the clock starts running against you the moment you hit the ground.

Los Angeles City Hall photographed from street level
Fig. 1 — Property owners owe visitors a duty of careUnder California law, owners must keep you safe when you visit their establishment

Under California law, property owners have a duty to you to keep you safe when you visit their establishment. If you are injured due to a defect on their property, you may be eligible for compensation if the owner knew — or should have known — about the defect. That sentence carries the entire case: what the owner knew, and when.

Proof decays faster than injuries heal

In the majority of premises liability cases, it can be hard to obtain the evidence needed to fully investigate the claim — and the more time that passes, the more unlikely it is that any of it will turn up. Store surveillance systems typically overwrite themselves on short cycles. The spill that caused your fall is cleaned within minutes. Employees who saw the hazard move on to other jobs. Even the lighting or flooring that contributed to the incident may be quietly repaired.

The more time that passes, the more unlikely it is that the evidence you need will turn up.

What early action preserves

  • Preservation letters that put the owner on legal notice not to destroy video and records
  • Incident reports, inspection logs and maintenance schedules that show what the owner knew
  • Witness statements taken while memories are fresh
  • Photographs of the hazard in its original condition
  • The right medical documentation, connected to the incident from day one

We help with slip-and-falls due to liquid on floors, trip-and-falls in parking lots and common areas, animal attacks including dog bites, inadequate security or lighting claims, and falling objects in stores. Each premises liability case at our firm is handled by one of our attorneys personally — and if you need additional medical treatment, we will make sure you are able to see the right doctors.

Once we start working on your case, we begin collecting and reviewing the evidence to determine the property owner's liability. We will attempt to find a settlement that is reasonable and allows you to move on with your life; however, we have no problems going to trial on these cases if it is what your situation demands.

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Articles are general information — your case is specific. To discuss it with one of our attorneys, call 818-208-0000 or send us an email. The consultation is free. Armenian, Russian and Spanish are spoken at our firm.

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Asatryan Law
14120 Victory Boulevard
Van Nuys, CA 91401

Phone: 818-208-0000
Fax: 818-538-5179

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