Based on California’s premises liability laws, property owners, holders, occupiers, and managers have the legal responsibility to provide a reasonably safe space for individuals who visit or reside on their property. This can include residents, customers, patrons, or service personnel. When a dangerous condition or safety hazard develops, property owners must provide warnings about the condition until it has been repaired.
Property owners who have knowledge of an adverse condition and fail to remedy the condition could face liability should someone get injured or killed. Ignoring a dangerous condition could constitute negligence, and those who have been injured can pursue compensation for their damages.
Accidents That Could Lead to a Premises Liability Claim
Premises liability law applies to any public or private property, which includes the following: Restaurants, Apartment complex buildings, Office buildings, Hotels or motels, Nursing homes, Nightclubs, Hospitals, Grocery stores, Parking lot structures, and Shopping malls.
Accidents that could give rise to a premises liability claim includes: Swimming pool accidents, Sidewalk slip and falls, Slips caused by slippery floors, Falls caused by inadequate lighting, Negligent security, Defective stairways, Elevator accidents, Ceiling collapse, Dog or animal attacks, and Fire safety or building code violations.
A Property Owner’s Duty to Repair or Warn About a Dangerous Condition
Property owners in California have a duty to repair hazardous conditions or warn people about the dangers caused by the condition. Property owners have a responsibility to exercise ordinary care in the maintenance of the property to avoid exposing those in the property to an unreasonable risk of harm.
Property owners should use reasonable care to discover unsafe conditions in the property. To establish that a property owner knew or should have known about the condition can include:
- Previous complaints made about the hazardous condition,
- The obviousness of the condition,
- The amount of time the condition has existed,
- Prior attempts to remedy the condition, and
- Prior accidents or injuries caused by the condition
Generally, property owners may not face accountability when the accident was caused by trivial, minor, or insignificant defects on the property. What constitutes a minor defect can depend on the type of defect, the injuries suffered, and the overall facts of the case.
Pursuing a Claim After an Accident
When injured in a premises liability accident, it may be possible to obtain compensation for the damages sustained. Filing a claim can be a complicated process; even if an injury has transpired, it does not necessarily entail the property owner was negligent. It is critical to demonstrate that the dangerous condition, uncorrected by the property owner, led to the injury. An accident caused by one’s inattention will not be grounds for a successful case.
If you have been injured while in another’s property, seek the legal guidance of an established law firm that is experienced in premises liability cases. Depending on the damages sustained, it may be possible to recover the costs of medical treatment needed for the injury, the loss of income while in recovery, and emotional distress.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporationare exceptionally skilled in the field of premises liability cases. With many years of dedicated experience, the firm is prepared to handle the most challenging premises liability cases.
