Adnan Alattiyt an experienced personal injury lawyer
06/08/2023
Premises Liability Laws
If you are injured due to unsafe property conditions, the owner of the property can be liable. Premises liability laws ensure that property owners protect others from dangerous conditions that can cause injury or be liable for the damages. Laws vary from state to state on what property owners can be held liable for when injuries occur on their property. Here are some of the basics of premises liability laws in California and when it is best to contact a personal injury lawyer for legal assistance.
It is not just property owners that are liable for injuries caused by unsafe premises. Anyone who rents, leases, possesses, or works on the property may be liable, depending on the circumstances. For example, if a person slips and falls and is injured due to a wet floor at a restaurant, the restaurant owner that leases the building may be liable, not the property owner. In California, the person or entity responsible for maintaining the property is liable. In some cases, this could be multiple people or entities.
Premises Liability Law
A premises liability lawsuit holds a property owner responsible for any damages arising out of an injury on that person or entity's property. In all states, owners that occupy a property must make a reasonable effort to maintain a safe environment for visitors to it. Failure to keep the property safe for visitors results in "premises liability." Common situations that may give rise to premises liability lawsuits are:
• Animal and Dog Bites
• Slip and Fall Accidents
• Dangerous Property
• Negligent or Inadequate Security
• Swimming Pool Injury
• Inadequate Maintenance
• Children on Property
• Retail Store Liability
• Restaurant Liability
What about injuries at apartment complexes or commercial properties that are merely leased? Usually, a landlord is not responsible for the injuries of a tenant's guest because the tenant is presumed to be in control of the condition of the property. However, there are exceptions, such as latent defects, which are concealed and dangerous conditions already existing when the tenant takes possession of the property. Another exception occurs when a landlord undertakes repairs for a tenant. The repairs must be performed in a non-negligent manner.
States follow different rules about who may recover for premises liability and under which conditions. Some states focus on the status of the person visiting the property to determine whether liability is appropriate. The status of a visitor in those states is usually invitee, licensee, or trespasser.
An invitee is somebody invited onto a property for a commercial purpose, such as a customer at a mall. A social guest or licensee is also present on the property at the invitation or by permission of the property owner or occupant. For invitees and licensees, the invitation is an implied promise that it is safe to be on the property. In some states, a different duty of care is owed depending on whether a visitor is an invitee or licensee, but in other states that recognize these distinctions, the highest duty of care is owed to both.
In many states that focus on the status of the visitor to evaluate liability, trespassers who are on the property without any right to be there and who are hurt are unable to recover at all. The owner or occupant must simply refrain from intentionally trying to hurt the trespasser, such as by setting traps. However, in some cases, when an owner knows there will likely be a trespasser, it is required to give reasonable warnings of non-obvious dangers to trespassers. Usually, the exception to this rule is a child trespasser, who may get involved with an “attractive nuisance,” like a swimming pool, and thus is owed a higher duty of care.
In other states, courts focus on the state of the property and the owner's and visitor's actions. Generally, property owners and occupants owe a duty to keep the property reasonably safe and make repairs for all visitors except for trespassers. Factors that are considered when determining the duty are the circumstances under which the visitor came onto the property, the nature of the property, the reasonableness of the owner or occupant's actions to repair or warn, and the foreseeability of the injury.
An owner or occupant must regularly inspect the property to find dangerous conditions and either repair them or put up a warning so that lawful visitors are not injured. Any owner that fails to meet this duty, such as by knowing of a dangerous condition and failing to warn visitors, can be held liable for visitors' injuries that result from it.
Limitations on Recovering for Premises Liability
Most states follow the principles of comparative fault in premises liability cases. This means an injured person who is partially or fully responsible for what happened cannot recover for damages arising out of a dangerous property condition. A visitor has the duty to use reasonable care to keep himself or herself safe. To the extent the visitor fails to use reasonable care, the recovery can be reduced by his or her percentage of fault.
For example, in a state following comparative negligence, when an injured person is 10% responsible for an injury, the property owner is responsible for 90% of the injury, and the total damages are $100,000, the victim's recovery will be only $90,000. In states that follow contributory negligence, the plaintiff may be unable to recover at all, if he or she is found even slightly at fault.
In California, premises liability laws require property owners to protect others from dangerous conditions that can cause injury or damage. If an owner fails to maintain their property or warn of a known danger and someone sustains injuries, they can be responsible for the victim’s economic and non-economic damages.
A premises liability claim requires you to show negligence on the property owner’s part with the help of a personal injury lawyer. Exploring the facts of premises liability cases is helpful to get compensation for your injuries, including what defines premises liability negligence and how to prove your claim.
What Is The Property Owner’s Duty Of Care Under California Premises Liability Law?
California Civil Code 1714 outlines liability for injuries caused by another’s negligence. For property owners in California, this refers to premises liability. This legal concept says owners are responsible for keeping their property free of hazardous conditions by performing routine inspections. They must repair, replace, or provide reasonable warning about unsafe property conditions to keep visitors safe.
Property owners who fail to repair dangerous conditions on their property or warn others about them are negligent if they knew or should have known about the dangers. For instance, an apartment complex owner must repair uneven stairs or place a sign warning of the danger, or they can be liable for injuries to residents or guests on the property.
What dangers should a property owner be aware of or fix?
The types of dangerous conditions a property owner is responsible for depending on the level of risk and harm. A court can find that the owner was negligent in the maintenance or use of the property under these conditions:
There was an unreasonable risk of harm associated with a condition on the property
The owner knew of or should have known about it if exercised with reasonable care
The owner failed to remedy, prevent, or warn of the condition adequately
For example, a retail store has wet and slippery floors, creating an unreasonable hazard of slipping and falling for customers. The store owner is responsible for discovering the hazard, warning customers by posting signage, and cleaning the floor to remove the spill as soon as possible.
What About Obvious Unsafe Conditions On A Property Under Premises Liability In California?
If an unsafe condition on the property is so apparent “open and obvious “that anyone could reasonably expect to see it, the owner is not required to warn others. They can assume that others will see the obvious danger and avoid it. However, if the risk of injury is foreseeable, property owners may choose to address the hazard to ensure visitors to their premises don’t suffer harm.
Property owners are not liable for damages caused by minor, trivial, or insignificant defects. This principle is referred to as a trivial defect defense that could be subject to legal interpretation and requires you to prove the defect.
You can consult with an experienced slip-and-fall lawyer to determine if an obvious danger or trivial defect caused your injuries. They can also assess whether the owner should have corrected the defect that caused your fall and may be responsible for your injuries.
Who Can I Sue When I Am Injured On Someone Else’s Property?
The responsible party in a premises liability lawsuit is typically the property’s owner; however, you can also sue a party controlling the property, such as a property manager or store manager. When an injury occurs, the party in charge of the property can be held liable since they must keep all areas they control reasonably safe.
Any person who rents, leases, possesses, or controls the property may be liable for premises liability injury caused by dangerous conditions.
Independent contractors do not relieve property owners of their duty of care. The owner remains responsible even if an independent contractor fails to correct an unsafe condition and someone suffers an injury.
Employers may be liable for negligent employees who fail to repair hazardous conditions or warn visitors of dangers on the property. Under California law, the principal is responsible for the agent’s negligence. Therefore, an employer is vicariously liable for the employee’s negligence.
Any accident caused by unsafe conditions on someone else’s property can lead to a premises liability claim. Premises liability laws ensure that property owners maintain their duty of care towards visitors on their property and give you the right to seek compensation if their negligence leads to a serious injury.
If you are injured due to unsafe property conditions, you should retain an experienced attorney in premises liability, who can analyze your case and take the proper action.
Here at The Law Office Of Adnan Alattiyat, we have the experience and the knowledge to get you the most compensation for your injury.
Call us today for a free consultation at (714)814-0147.
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