Venue/Premises Liability

Injuries happen all the time and can occur on any type of premises, such as a business, outside in a park, or in someone’s home. Premises liability refers to the legal concept that holds property owners or occupiers responsible for injuries and resulting damages that occur on their premises due to their negligence or failure to maintain a safe environment.

Even if one does not own the property but controls it instead, that person may still be liable as if being the owner. A person is responsible for maintaining all the areas that person controls in a reasonably safe condition.

In California, premises liability is designed to protect individuals who are lawfully present on someone else’s property, such as customers, visitors, or tenants. Of significance, it is generally a nondelegable duty, meaning a party that owes a duty to others cannot evade responsibility by claiming it delegated such duty to another party. For example, A landlord cannot escape liability for failure to maintain elevators in a safe condition by delegating such duty to an independent contractor.

What are the basic elements of a premises liability claim?

To establish a premises liability claim in California, the injured party must generally prove the following elements:

1. Duty of Care: The property owner or occupier owes a duty of care to the injured party. This duty arises when the injured party is lawfully present on the property. Case law provides that possession or the right to control conditions on the premises is a sufficient basis to place an affirmative duty on a landowner or occupier to act and keep the premises reasonably safe. In the case of a landlord renting out property, the landlord, when in legal possession of the property, must conduct reasonable periodic inspections of rental property.

2. Breach of duty: The property owner or occupier breached the duty of care by failing to maintain the premises in a reasonably safe condition or by failing to warn about known hazards.

3. Causation: The breach of duty was a direct cause of the injuries and damages suffered by the injured party.

4. Damages: The injured party suffered actual damage, such as physical injuries, medical expenses, pain and suffering, or property damage.

The duty of care owed depends on the type of visitor

California law recognizes different types of visitors to a property, which can affect the level of duty owed by the property owner or occupier. These classifications include invitees (those invited for business purposes), licensees (social guests or those with permission to be on the property), and trespassers (those who enter without permission). The owner or manager of a property owes a slightly different level of care to each of these individuals. It is important to know what duty of care you were owed at the time of your accident.

• An invitee is generally invited onto a property specifically by the owner. Usually, an invitee is a family member or friend. In a business, an invitee might be someone coming to eat at a restaurant or purchase something from a store. A property owner must warn an invitee of any possible dangers.

• A licensee is someone like a salesperson, who is permitted to come onto a property but is doing it specifically for self-interested purposes. A property owner should inform licensees of any dangers that may be difficult to see and ensure that the licensee understands the danger.

• A trespasser is someone who enters a property without permission. Trespassers are usually not owed a duty of reasonable care unless they are children. An owner will generally not face liability for an injury to a trespasser.

Generally, if an unsafe condition of the property is so obvious that a person could reasonably be expected to see it, then the owner or occupier does not owe a duty to others to warn about the dangerous condition.

What if you are partially at fault?

California follows a comparative fault system, which means that the injured party’s own negligence or fault will be taken into account when determining compensation. If the injured party is found partially at fault for the accident, compensation may be reduced by his or her percentage of fault. The allocation of fault is determined by the jury if the case goes to trial.

Our Approach

Premises liability cases may involve various types of accidents, such as slip and falls, sports injuries, inadequate security leading to assaults, dog bites, swimming pool accidents, and more. The specific facts and circumstances of each case will determine the outcome and potential liability.

When it comes to personal injury cases involving premises liability, we take a client-centered approach that prioritizes your well-being and best interests.

Why Choose Us?

• Expertise: Our attorneys are knowledgeable in personal injury law and have extensive experience handling premises liability cases. We have a thorough understanding of the legal and medical complexities involved and will use our expertise to build a strong case on your behalf.

• Personalized Approach: We believe in providing personalized attention to every client. We understand that each accident case is unique and requires a tailored approach. Our attorneys will take the time to listen to your concerns, answer your questions, and develop a legal strategy that aligns with your specific needs and goals.

• Proven Track Record: With a successful track record of obtaining favorable outcomes for our clients, you can trust us to handle your case. We have secured significant settlements and verdicts in premises cases, helping our clients recover compensation for medical expenses, lost wages, pain and suffering, and more.

• Resources and Network: We have access to a wide range of resources and a vast network of experts, including accident reconstructionist, medical professionals, and investigators. We will leverage these connections to strengthen your case and ensure that no stone is left unturned.

• No Fee Unless We Win: We understand the financial strain that can come after an  accident, which is why we generally take personal injury cases on a contingency fee basis. This means that you will not have to pay any upfront fees. You only pay us if we successfully obtain compensation for you, ensuring that you can focus on your recovery without worrying about legal expenses.

Choosing the right attorney after suffering an injury that was not your fault is crucial. With Phillips, Erlewine, Given & Carlin LLP, you can have confidence that you are selecting a firm that will champion your rights and work tirelessly to achieve the best possible outcome for your case. Contact us today for a free consultation and let us guide you on the path to justice and recovery.

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