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Premises Liability

Understanding California’s Premises Liability Laws

Premises liability laws in California are based on negligence, which is represented under Civil Code §1714(a). In a premises liability claim, the claim requires factual elements that will demonstrate the victim was harmed as a result of the defendant’s property management. The elements demonstrated will include: The accused party owned, occupied, leased, or controlled the premises; The accused party was negligent in the maintenance or use of the property; The claimant was injured; and The accused party’s negligence was a substantial contributor in causing the victim’s injury. A Property Owner’s Duty of Care Property owners in California have a duty of care...

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Premises Liability Defense for Restaurant Owners

Restaurants are, by their very nature, filled with potential risks of injury. Like many other establishments, restaurant owners and managers are expected to observe safety guidelines and regulations and warn their employees and guests of potential hazards. Accidents, however, can happen at any time and a restaurant guest can suffer serious injuries despite restaurant owners having taken all reasonable precautions. Premises Liability, As Defined By California Law Under California’s premises liability laws, a restaurant owner or restaurant manager can be held responsible for the injuries that occur in the property. When a plaintiff files a claim against a restaurant owner, he or...

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