Property and business owners and managers have a duty to keep their respective properties safe, including a duty to inspect the property and fix anything that may pose a danger. The extent of that duty is dependent on different factors, like what type of visitor the injured party was. Homeowners' duties are slightly different from other property owners' or business owners' duties.
What matters in the end is this: if you have been injured and it was due to a property or business owner's breach of their duty, you may be able to file a personal injury claim against them and/or their insurance company. At The Sentinel Firm, our personal injury attorneys in California will provide the advocacy and representation necessary to obtain the compensation you deserve. Contact us at 213-985-1150 to schedule a free consultation.
Types of Visitors in Premises Liability Cases
The extent of liability a property or business owner has is dependent on the type of visitor the injured party is. There are three types of visitors: trespassers, licensees, and visitors.
Trespassers
Trespassers are not authorized to be on the property. There is no duty to protect trespassers but a property or business owner or manager cannot willfully harm a trespasser. There are two exceptions:
- When landowners know that trespassers frequent the property, there could be liability for an injury if:
- The owner created or maintained a dangerous condition.
- The condition was likely to cause serious bodily injury or death.
- The owner believed or had reason to believe trespassers would discover the condition.
- The owner breached the duty to take reasonable care to warn trespassers of the condition.
- When the trespasser is a child, the property owner has a duty to inspect the property for potentially dangerous conditions that may attract a child. The property owner must take action to correct the unsafe condition. This is known as an attractive nuisance.
Licensees
Licensees, like dinner guests or meter readers, are foreseeable visitors who are on the property with the owner's express or implied permission but not for the owner's financial benefit. Homeowners and occupiers or renters have a duty to take reasonable care to protect licensees from any known hazards on the property, but there is no duty to inspect the property for hazards.
Invitees
Invitees, like customers in a store, are foreseeable visitors who are on the property with the owner's permission and for the owner's benefit. The highest level of responsibility is with invitees, where property owners or occupiers owe a higher duty to keep the premises safe and to inspect for any dangers and then, if a dangerous situation, take appropriate action to address it.
Types of Premises Liability Claims in California
There are a wide variety of ways for property hazards to cause an injury. Some of the most common include:
- Slip and fall accidents
- Falling objects, like at construction sites
- Hazardous or toxic chemical exposure
- Defective stairs or railings
- Poorly maintained balconies or decks
- Poorly guarded or maintained swimming pools
- Pool accidents or drowning
- Escalator or elevator accidents
- Inadequate or negligent security
- Dog bites
- Snow and ice accidents
- Inadequate security
- Inadequate maintenance of premises
- Other defective conditions on premises
When the injuries sustained in these accidents prove to be fatal, it can lead to a wrongful death claim.
Personal Injuries and Premise Liability in California
Premises liability claims are often founded on the negligence of a property owner or entity. Negligence is the failure of that property owner to provide a certain level of care that is reasonably expected or required of them by law. When a person is injured because of that negligence, the injured party can claim or sue for personal injuries.
Common personal injuries in premise liability cases include but are not limited to:
- Broken bones
- Electric shocks
- Burns
- Bruising, contusions, internal bleeding
- Spinal cord injuries
- Neck injuries
- Head injuries
- Paralysis
- Scarring and disfigurement
- Death
You may also suffer pain and suffering and emotional distress caused by the accident and/or any of the above injuries.
Who Can Be Held Accountable in a Premises Liability Claim?
Premise liability claims are brought against the owner or occupier of a piece of property. As such, people or entities most likely to be held accountable are:
- Property owners
- Property management
- Business owners
- Renters or other occupiers
Keep in mind that your personal injury or wrongful death claim will be filed against the insurance policy that covers the property. In some cases, you may also file a claim against the individual property owner or occupier.
Why Hire a Premises Liability Lawyer in California
Premises liability cases can be complex. You need a premises liability and personal injury lawyer not only for the latter reason but for these reasons as well:
- You will get the legal representation you need and avoid delays and pitfalls because of it.
- You will level the playing field between you and the property owner, who sometimes can have resources that severely outweigh your capabilities.
- An experienced personal injury lawyer will account for all potentially recoverable damages so that you get the compensation you deserve.
- If a fair and just settlement is not negotiated, you can rest assured that you will be well-represented if the case goes to trial.
Contact a Premises Liability Lawyer in California Today
Do not suffer in silence. Our personal injury lawyers in California will be your voice during this difficult time. At The Sentinel Firm, we know the law and have the resources to investigate and build your case. Contact us today at 213-985-1150 or fill out our online form to schedule your free consultation.