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 that is based on what a property owner would reasonably do under the same circumstances. When determining whether or not the property owner breached the duty of care, a court can consider the following factors, among others: The probable seriousness of the injury, The likelihood of the injury, The likelihood that a person would come into the premises in the same way the accused party would, The location of the premises, Whether the property owner knew of the hazardous condition, Whether the property owner should have known of the hazardous condition, The property owner’s degree of control over the dangerous condition and the property owner’s burden of avoiding or mitigating the risk of danger.
Identifying Responsible Parties
When injured on another’s property, it may be possible to bring a lawsuit against the company or individual who: Leases, Owns, Controls and/or occupies the property.
The liable party does not need to own, possess, and control the property. For liability, control alone would suffice. It should be noted that the liable entity may depend on the type of property where the incident took place. Moreover, it may be possible that multiple parties may be held accountable for the injuries.
Slip and Fall Accidents
Among the most common premises liability accidents that occur are slip and fall accidents. A slip and fall can occur as a result of: 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.
Consult the Support of a Well-Versed 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; therefore, it is important to seek the legal advice of an experienced law firm who can represent your case.
The premises liability attorneys at the Knez Law Group, LLP are dedicated to helping their clients obtain the maximum amount of monetary compensation available. The attorneys at the Knez Law Group, LLP understand that premises liability claims usually involve very serious injuries, which can result in the victim’s inability to return to work. Because of the financial strain an injury can cause, the firm works diligently to help their clients obtain the compensation they deserve. If you were injured in another’s property, act quickly and seek qualified legal support as soon as possible. Consider contacting the Knez Law Group, LLP for a free case evaluation.
Matthew J. Knez graduated from the University of Redlands in California where he earned a Bachelor of Arts degree in Creative Writing. He went on to pursue his Law Degree at the University of LaVerne, College of Law in Ontario, California. While pursuing his law degree he earned various awards, including CALI Award in Torts and he was on the Dean’s List. Mr. Knez was also a member of the Justice and Immigration Clinic where he worked with people seeking asylum into the United States from countries where they had experienced persecution or threat of persecution. Additionally, Mr. Knez was a member of Law Review where he was an Associate Editor and published a Law Review article on California family custody move-away cases.