Premise liability is an area of law involving a property owner (or operator’s) possible legal liability for injuries that are sustained due to unsafe conditions on the property. Cases involving premise liability can occur on almost any type of open space or structure and may include accidents that involve slip and falls, animal or criminal attacks, inadequate security, accidents in swimming pools or on construction sites, fires, or injuries due to falling equipment or property.
What is a Premise Liability Lawyer?
Simply put, a premise liability lawyer is one that routinely handles cases involving claims for injuries sustained due to a property owner or occupier’s negligence. Many times, these cases involve slip and fall accidents due to unsafe conditions on the property, but there are other ways people can be injured on someone else’s property due to the negligence of the owner or occupier. These cases may involve injuries sustained on commercial property, as well as residential property. Many lawyers that handle premise liability cases also handle other types of personal injury cases, such as cases involving motor vehicle accidents.
California premise liability lawyer Johann Hall handles all different types of personal injury cases. He is knowledgeable in the area of premise liability law and has successfully pursued premise liability claims on behalf of his clients for many years. Contact the Law Office of Johann Hall today to schedule a consultation to discuss your potential premise liability claim.
The Elements Required to Prove A Premise Liability Case in California
In California, there are certain elements that a plaintiff (injured person who is bringing the lawsuit) must prove in order to prevail on a premise liability claim. These elements include the following:
1) The Defendant either owned, occupied, leased, or otherwise controlled the property in question;
2) That the Defendant was negligent in either the use or maintenance of the property;
3) That the Plaintiff was harmed in some way, and;
4) That the Defendant’s negligence was a substantial factor in causing the Plaintiff’s harm.
All of these four elements must be proven for the Plaintiff to be successful in his or her claim.
What Types of Cases Are Considered Premise Liability Cases?
In California, landowners and property owners have a legal duty to keep their properties, buildings, and facilities in a reasonably safe condition. For their failure to do so, an injured plaintiff may be entitled to damages, which may include compensation to pay their associated medical bills, lost wages for time spent off work, and pain and suffering due to their injuries.
One common type of case that falls within the area of premise liability is a slip and fall case. In these cases, a party becomes injured due to a fall on either a commercial or residential property owned or occupied by another party. The injured party, the Plaintiff, must have suffered an injury as a result of the fall, and the property owner or occupier must be negligent in some way and that negligence must be a substantial factor in causing the harm to the injured Plaintiff.
For example, if a business owner failed to rectify a dangerous condition, such as a wet floor, and a customer slipped and fell onto the wet floor as a result, and broke their arm, the business owner may be liable for the injury suffered by the customer. Under California law, a property owner has the responsibility to promptly address any hazardous or dangerous conditions that they become aware of. A property owner is also required to address a hazardous or dangerous condition on their property that they reasonably should be aware of. If they fail to do so, they may then be liable for any injuries that result from the condition on their property.
Another type of case that falls within the area of premise liability law is a dog bite case. In California, the owner of a dog is strictly liable for any injuries that occur due to a dog bite or attack from their dog. Dog bites or attacks can occur when a guest or even an invited professional (such as a delivery or mail person) is injured on the premises of the dog owner.
Other cases that fall within the area of premises liability can include cases involving an injury caused by a defective sidewalk, inadequate lighting, a collapsing balcony, or even falling objects. If you or a loved one has been injured on another party’s property due to their negligence, contact California premises liability attorney Johann Hall today. You may be entitled to compensation for your injuries.