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California Premises Liability Claims

Jul 13, 2018 | Accidents

California Premises Liability Claims Attorney

In California, anyone who owns property has a legal obligation to keep it safe from hazards. When determining who is liable in a premises liability or slip and fall case, the plaintiff must show that the defendant(s) had ownership, possession, and control of the premises. The individual(s) who owns, possesses, or controls the premises is the one responsible for any injuries arising from a hazardous or dangerous condition of the premises. Therefore, without the crucial element of “control over the premises”, no duty to exercise reasonable care to prevent injury on the property can be found.

What is Premises Liability?

In California, the owner, operator, and/or lessor of property owe a duty to visitors to ensure that the property is in a reasonably safe condition. Furthermore, another crucial element in premises liability cases is the element of “foreseeability” .The foreseeability of harm is a prerequisite for the recovery of damages. The foreseeability of the danger establishes the duty owed.

California Slip and Fall: Negligence Action

If property owner(s) fail to properly maintain the premises and someone suffers injury as a result, they may be liable for damages under premise liability law. As in any other negligence action, the injured person must establish the following: (1) the existence of a duty on the part of the defendant to use due care; (2) a breach of this legal duty; and (3) the breach as the proximate or legal cause of the resulting injury. If you or a loved one suffered damages associated with an accident which occurred on someone else’s property, you may be entitled to compensation for your injuries. We invite you to contact our Glendale personal injury attorneys at 310-933-5171, for a free consultation.

Common Causes of Slip and Fall Accidents

Common causes of slip and fall accidents occur when property owners fail to exercise reasonable care in preventing slip or fall hazards, such as:

  • Wet floors
  • Grease or oil spills
  • Food debris
  • Faulty staircases
  • Loose staircases
  • Loose carpets
  • Spilled drinks or liquids

Property owners are legally responsible to inspect the property for any hazard risks and maintain the property in a safe manner. If there are any latent or concealed perils on the land, the possessor is under a duty to exercise ordinary care either to make the condition reasonably safe for those coming onto the land or to give such persons a warning adequate to enable them to avoid injury. Failure to repair or fix a slip hazard, resulting in a preventable invitee or customer injury, is an act of negligence.

Slip and Fall on Governmental Public Property

Premises liability claims against government entities, due to injuries sustained on public property are often very challenging to litigate. Government entities enjoy greater protections against premises liability claims than do ordinary private persons and businesses.

In California, to bring a successful premises liability claim against a government entity, one must prove an additional element that does not exist in premises liability claims against private entities – under Government Code section 835, the injured party must prove either: (a) a negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or (b) the public entity had actual or constructive notice of the dangerous condition under Section 835.2 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition.

Are you wondering how to prepare for a slip and fall claim? If you were injured due to a slip and fall accident, our knowledgeable Los Angeles personal injury attorneys can help you get the compensation you deserve. Call us at 310-933-5171, 24 hours a day, 7 days a week for a free consultation tailored to the specifics of your case, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian.