Maintaining a safe environment is among the top responsibilities of property ownership. Therefore, neither you nor a loved one need to let your pain and suffering go unresolved if you’ve suffered an injury due to negligent property management (including dog bites, slips and falls, workplace injuries, or otherwise). By understanding the nuances of this California law and speaking with an experienced premises liability lawyer, you may recover damages you incurred due to your injury.
The premises liability legal experts at Davana Law Firm help innocent individuals hold property owners accountable for failing to maintain a safe lot. Indeed, our team takes the time necessary to assess all evidence, build an airtight case, and advocate for well-deserved compensation. Learn more about our firm’s track record of success by calling (818) 501-1055 today!
Below, we outline what California residents must know about premises liability law:
Premises Liability Law Explained
California premises liability law mandates that property owners provide a reasonably safe environment for visitors. This mandate involves keeping premises in good condition, addressing hazards, and warning guests about hidden dangers. If a guest is injured while on private property, premises liability dictates the circumstances in which the property owner is legally liable.
The type of visitor determines the degree of care required. Business invitees, like store patrons, receive the highest duty of care. Even visitors with limited permission must act reasonably, though landowners owe a lesser responsibility to these licensees than businesses do their invitees. Nevertheless, winning a lawsuit demands the injured visitor prove the owner’s negligence in maintaining the property or warning of dangers ultimately caused harm.
Causes of Premises Liability Claims
Premises liability claims in California include, but are not limited to, the following incidents:
- Slip and Fall Accidents: Among the most frequent claims, such accidents are often caused by wet floors, uneven surfaces, broken stairs, or poor lighting.
- Defective Property Conditions: Broken elevators, malfunctioning escalators, or hazards in building design can lead to claims if the owner neglected repairs or reasonable warnings.
- Improper Hazard Signs: Property owners must mark hazards—such as wet floors, tripping dangers, and harmful chemicals—with proper warnings or signage for unsuspecting visitors. Failure to do so provides a basis for a claim.
- Animal Attacks: California dog bite laws hold owners strictly liable, meaning any fault by the victim will not necessarily negate a personal injury claim.
- Inadequate Security: Property owners who fail to provide reasonable security measures (despite knowing or having reason to suspect crimes could occur) may be liable for assaults or other offenses on their premises.
Elements of a Successful Case
As previously stated, winning a premises liability claim typically involves proving several key elements:
1. First, you must establish that you were lawfully on the property as an invitee or licensee. Some exceptions exist for trespassers, such as children.
2. Second, you need to show that a dangerous condition existed that the property owner knew about or should have known about through reasonable care.
3. Third, the owner must have breached their duty of care by failing to address the hazard or warn visitors.
4. Finally, you must demonstrate that the property owner’s breach caused your injuries and their resulting damages.
How to Make a Liability Claim
Before pursuing legal action against a property owner, consult an attorney. They can help you collect evidence supporting your case, including medical records documenting your injuries, photos of the dangerous conditions, and witness statements (if available).
Then, file a claim with the property owner’s insurance company. They will probably wish to negotiate a settlement that covers your medical bills, lost wages, and pain and suffering. If they fail to offer a fair settlement, you can file a lawsuit with your attorney’s help. Remember: premises liability laws vary by state, so consulting a lawyer familiar with California codes is crucial for maximizing your chances of success.
Speak to a Local Premises Liability Law Firm in California Today
Educating yourself on premises liability claims is essential when faced with an accident on someone else’s property. However, consult a premises liability lawyer for definitive legal advice on individual cases. At Davana Law Firm, our strong-minded attorneys work tirelessly to ensure you get every dime you are owed. For more information and a free case consultation, call (818) 501-1055 today.