Premises Liability Lawyer
Premises Liability Attorney Santa Rosa CA
In California, a premises owner is required to use reasonable care to maintain their property in a reasonably safe condition, inspect and discover any unsafe conditions on the property, and replace, repair, or adequately warn other people of any unsafe conditions on the property. When a premises owner does not use reasonable care for the above, they may be liable for premises liability claims brought by someone injured on the property.
If you have been injured in a slip and fall accident due to unsafe conditions on someone else’s property, call Johann Hall today. Johann Hall is a premises liability lawyer who has handled many slip and fall cases. He will aggressively fight for your right to compensation for your injuries.
Elements to Prove a Premises Liability Case
There are four different elements of negligence that must be proven in order to prevail in a premises liability case. You must first show that the property owner owed you a duty, that the owner breached the duty, that you were injured as a result of that breach of duty, and finally, that the breach of duty was the direct and proximate cause of your injury.
Establishing a Duty
In California, a number of different factors are taken into consideration when the court is evaluating the duty that the premises owner owed to the injured person. The court typically will consider the degree of certainty of the injury, foreseeability of the harm, degree of closeness of connection between the property owner’s conduct and the injury, the extent of the burden to the property owner, and the consequences to the community of imposing the duty to exercise care with the resulting liability for breach, and the cost, availability, and prevalence of insurance.
Premises Liability for Social Guests
Since the types of duty owed by the property owner vary greatly depending on the specific facts of the case, there are different types of duty owed by different types of property owners. For example, a property owner who invites guests to their home for a social visit will not owe the same duty of care as the property owner of a business. For social visits, the homeowner does not typically have a duty to perform routine inspections, but they would owe their invited social guests a duty to warn of a known danger.
Premises Liability for Business Invitees
When people are invited onto a property for the purposes of business, generally, there will be different duties owed than those invited onto property for social visits. A business owner will typically owe those invited on to the property a duty to perform routine inspections to ensure that the property is safely maintained. The business owner will also owe a duty to warn of any known dangers and to correct any known dangerous conditions as soon as is reasonably possible. This is one of the reasons you may see an orange cone or a sign stating, “wet floor” when you are in a grocery store and notice a spill nearby. Additionally, under California law, a property owner may be liable for injuries that occurred as a result of negligent management of the property.
Premises Liability for Trespassers
Generally, in California, property owners owe lesser duties to trespassers on their property. When the property owner is not aware of the presence of the trespasser on their property, there is no duty to warn the trespasser of any unsafe conditions. There is also not a duty for the property owner to make the premises safe for the trespasser. There are certain exceptions, which include situations where the property owner has been made aware of frequent trespassers to their property. In that case, the property owner may have to take some reasonable safety measures to protect against harmful conditions on the property.
If you have been injured on someone’s property and want to bring a premises liability case to recover for your damages, contact our office today to speak with Johann Hall, an experienced premises liability lawyer.