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Premises Liability PREMISES LIABILITY Premises liability accident claims often involve "slip and fall" or "trip and fall" accident claims. However, there are many other types of injury claims that fall under premises liability law. Premises liability lawsuits may involve: amusement park accidents, dog bites, animal attacks, elevator injuries, failure to warn of hazardous or dangerous property conditions, construction accidents, negligent security, violent crime attacks, dog bites, fire injuries, wrongful death accidents, broken stairs, broken steps, dangerous stairwells, swimming pool accidents, attractive nuisance accident claims, exposure to hazardous materials claims, assault and battery claims, poor lighting accidents, poor circulation or ventilation causing Sick Building Syndrome, and many types of negligent acts which happened due to a dangerous property condition. To learn more about premises liability law in California (CA) and other states, please read on. Premises Liability - An Overview In the law, the term "premises liability" refers to a situation where an individual is injured on property, or "premises" owned or maintained by someone else. The property owner or party responsible for maintaining the property may be held legally responsible, or "liable," for that person's injuries if the injuries were the result of a dangerous condition that existed on the property. Property owners and businesses have a duty to provide a safe environment for people on their property and, if they fail to do so and someone is injured as a result, they may be held liable for the injured person's medical expenses, pain and suffering, and lost wages. A premises liability case might arise against owners not only of commercial property, but private residences, vacant lots, and many other types of properties. Common Premises Liability Scenarios Probably the most common type of premises liability situation is where someone slips or trips and falls due to some defect or hazard on another person's property. A classic example of this is where a shopper in a grocery store slips on a slippery or wet substance on the floor. If the grocery store knew or should have known about the substance, and failed to clean it up or warn shoppers about the substance, it might be liable for its negligence. Landlord Liability for Tenant Injuries Under certain circumstances, a landlord might be liable when a tenant or visitor is injured on rental property. Governmental Immunity in Premises Liability Cases One of the most common premises liability situations occurs when a member of the public is injured by a defect on a public sidewalk or roadway. For example, many accidents occur when traffic lights or signs malfunction, are obscured, or are not present at all. Another example is where a local government entity is performing roadwork involving an excavation or obstruction of the roadway, and someone is injured due to the change in the road's surface or traffic flow. Finally, a very common situation is where someone is injured when he/she trips and falls due to a defect in a public sidewalk. In these cases, it would seem clear that the governmental unit responsible for maintaining the road or walkways should be held legally responsible to the injured party. Landlord Liability for Criminal Acts and Activities Landlords in most states now have at least some degree of legal responsibility to protect their tenants from would-be assailants and thieves, and from the criminal acts of fellow tenants. Landlords must also protect the neighborhood from their tenants' illegal activities, such as drug dealing. These legal duties stem from building codes, ordinances, statutes and, most frequently, court decisions. Duties Owed By Property Owners And Possessors In many states, property owners and possessors owe different degrees of responsibility, or duties, to people who come onto their property, depending on how such people are categorized. The law recognizes three main categories of people who might be on someone else's property: invitees, licensees, and trespassers. In states that still distinguish among these categories of people, the legal duty owed to each category is different. It is important to ask an attorney whether these categories and standards of care apply in your state.
DaCorsi & Placencio, P.C. Serving California Areas Including:
California Premises Liability Attorneys and Resources DaCorsi & Placencio, PC
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