California Premises Liability Lawyers

What Is Premises Liability?

Under California premise liability law, property owners must provide “ordinary care” in the management of their property. This means that property owners must keep their premises in reasonably safe conditions. In most cases, they must also warn visitors about hazards on the property they know about but cannot remedy. When a property owner fails this duty and the failure results in another party’s injuries, the property owner may be liable for the injured party’s damages.  

The duty a property owner owes a party depends on the party’s classification. There are three classifications of visitors. They are:

• Invitees—These are people invited to the property for business or commercial reasons, for example, restaurant or grocery store patrons. Property owners owe invitees the highest duty of care.
• Licensees—These are people the property owner knows are on the property but did not expressly invite, for example, a mailman or neighbors.
• Trespassers—With some exceptions (e.g., the trespasser was a minor and was drawn to the property by an attractive nuisance), the only duty a property owner owes trespassers is to refrain from causing willful or wanton injury or injury through gross negligence.

Once an injured party establishes that they belong to one of these three classes, they must prove that the property owner acted negligently and was thus responsible for their injuries. 

Establishing Liability

All property owners are responsible for keeping the people who enter their properties safe. But depending on the circumstances, people who rent, lease, or work on a property may also be liable. For example, if someone slips and falls in a grocery store because the floor is wet, the grocery store owner that leases the building may be liable instead of the property owner. Essentially, the person or entity responsible for maintaining a property is liable. 

Generally, an injured party can name any property owner that acted negligently in a suit, including:

• Private homeowners;
• Small-scale and commercial business owners;
• Vacation and recreational property owners;
• Apartment, condo, and housing development owners; and
• Governments that are in charge of public spaces, for example, playgrounds and municipal offices.

In some cases, multiple people or entities could also be responsible.

An injured party must prove the property owner acted negligently to establish liability. To establish negligence, a person must show:

• That the property owner knew of the dangerous condition on their premises,
• That the hazardous situation presented a risk of harm,
• That the property failed to exercise the required reasonable care to reduce or eliminate the risk, and
• That the property owner’s failure directly caused the claimant’s injuries.  

Once an injured party proves these elements, the property owner may be liable for the claimant’s damages. Damages can include lost income, medical bills, pain and suffering, and other losses.

Types of Premises Liability Accidents

Premises liability law can involve numerous dangerous conditions or activities. These include elevator and escalator accidents, construction site accidents, amusement park accidents, and trampoline accidents. However, the most common are:

• Dog bites;
• Sidewalk and parking lot slip-and-falls;
• Grocery store and restaurant slip-and-falls;
• Dangerous conditions, like electrocution and toxic chemicals;
• Negligent security;
• Inadequate property maintenance, such as faulty railings or rotting stairwells; and
• Inadequate security that leads to criminal activities, like assault.

These are just several examples of premises liability claims. But any accident that occurs on someone else’s property may warrant a lawsuit.

Types of Premises Liability Injuries

Premises liability injuries can range from minor cuts and scrapes to wrongful death. The type of injury a victim suffers depends on the circumstances and cause of the harm. However, the most common minor injuries victims suffer include:

• Bruises,
• Scrapes and lacerations,
• Soft tissue injuries like sprains and strains, and
• Broken bones.

These injuries may not cause permanent or long-term damage, but they can still be enough for a premise liability case.

The most common catastrophic injuries victims suffer include:

• Traumatic brain injuries,
• Spinal cord injuries,
• Disfigurement and disability,
• Burn injuries, and
• Wrongful death.

These injuries often disrupt lives and can accrue thousands in medical bills.

Finally, the psychological damage is an injury people often overlook. But it can be incredibly disabling. Both minor and catastrophic psychological injuries may occur after a premises liability accident, and they can profoundly affect a person’s quality of life. Common psychological injuries from a premises liability accident include depression, anxiety, and post-traumatic stress disorder (PTSD).

Contact the California Premise Liability Attorneys at Silva Injury Law Today

If a property owner’s negligence caused your injuries, you want the skilled lawyers at Silva Injury Law on your side. Our lawyers know how to work with insurance companies and will fight tirelessly to win the compensation you’re entitled to—even if it means going to trial. When you hire Silva Injury Law to represent you, you’re hiring a firm that will handle your case from start to finish so you can focus on recovering. Contact Silva Injury Law today for a consultation.

Our experienced legal team also handles other types of cases, including:

• Car Accidents,
• Livestock Accidents,
• Dog Attacks,
• Sexual Abuse,
• Wrongful Death,
• Trucking Accidents,
• Motorcycle Accidents,
• Pedestrian Accidents,
• Product Liability,
• Bicycle Accidents,
• Nursing Home Abuse,
• Drunk Driving Accidents,
• Slip & Fall,
• Distracted Driving Accidents, and
• Acupuncture Pneumothorax