With the help of a skilled attorney, you’re required to show negligence on the part of the property owner via proof that demonstrates you were harmed as a result of the defendant’s property management. This includes:

• That the accused party owned, occupied, leased, or controlled the premises
• That the accused party was negligent in the maintenance or use of the property
• Proof of injury from the claimant 
• That the accused party’s negligence was a substantial contributor in causing the victim’s injury

A Property Owner’s Duty of Care

Premises liability is a legal concept that holds property owners responsible for maintaining a safe environment for those who visit their property. In California, as in many other states, they have a duty of care towards individuals on their premises. This means they are obligated to take reasonable steps to prevent accidents and injuries. Key elements of a property owner’s duty of care include regular maintenance, warning of known dangers, and providing security measures where necessary. 

If a property owner fails to meet their duty of care and someone sustains injuries or property damage as a result, they may be held legally responsible. This could lead to financial liability for the victim’s economic and non-economic damages—including medical expenses, lost income, and pain and suffering. If you believe you have been injured due to a property owner’s negligence, it’s crucial to consult with an experienced premises liability attorney, who can help you navigate the legal process and pursue compensation for your injuries.

Premises Liability FAQs

What types of dangers should a property owner fix?

If there is an unreasonable risk of harm associated with the property, if the owner should have know about the danger through reasonable care of the property, or if the owner failed to remedy, prevent, or warn of the condition adequately they can be found negligent. 

What about obvious unsafe conditions?

In California, if an unsafe condition on the property is so apparent that anyone could reasonably expect to see it, the owner is not required to warn others. They can assume others will see the danger and avoid the area. 

What are the most common premises liabilty accidents?

Slip and fall. These types of accidents can be caused by many things hence why they’re the most common case to appear. It can include failure to place warning signs with regard to known hazards, broken railings, uncovered cords and cables, uneven pavement or floor, loose carpeting, leaks and spills.

What are the crucial elements in a premises liability case?

The California Civil Code 1714 states that everyone is responsible for injuries incurred their properties. If you choose to file a premises liability claim, you must prove the owner owned, leased, occupied, or controlled the property, that they were negligent in maintaining the property, you suffered injuries, and that the owners negligenced caused your ingury.

Get the Support of an Experienced Premises Liability Attorney 

If you were injured on another’s property, you may be eligible to receive monetary compensation. Unlike other forms of personal injury claims, premises liability claims may involve other complex laws, so, it’s important to seek the legal advice of an experienced law firm who can represent your case. The premises liability attorneys at the LJB Law are dedicated to helping our clients get the maximum amount of monetary compensation available.