What Is Premises Liability in California?
If you’ve been injured at a home or business and you believe your injury could have been prevented, you may have a case for a premises liability claim. But what is premises liability in California?
When you enter another person’s property, the property owner or overseer has a duty to ensure your safety. This is true of anyone in possession of a property, such as business owners, renters, or homeowners. If you are injured on someone’s property due to negligence, you may be dealing with a premises liability case.
Examples of Premises Liability Cases
The most important aspect of any personal injury case is that the injured person must prove that negligence played a role in the injury, and that applies to premises liability cases.
The following are a few examples of common types of premises liability cases:
- Slip-and-fall accidents
- Dog bites
- Falling objects
- Swimming pool accidents
- Elevator accidents
- Toxic fumes or chemicals
- Snow and ice accidents
The Role of Negligence in Premises Liability
Let’s pretend you entered a business and you slipped and fell on a section of floor where a leaking faucet had created a puddle. You decide to sue the business for damages resulting from your injury.
The court will look at whether your accident could have been “reasonably” prevented. Let’s take a look at two possible circumstances surrounding your fall. Which of these situations would offer you the best case for premises liability?
- The faucet had been leaking for a month, and no one bothered to fix it.
- The faucet had never leaked before that day. Earlier that day, a customer in the store turned on the faucet without informing the business owner and didn’t shut it off properly. The business owner hadn’t been to that area of the store because she had a line of customers at the register all morning.
In the first example, the business owner’s actions would be considered negligent, and you would be entitled to compensation. Simple enough.
In the second example, the business owner could not have reasonably prevented your fall; therefore, she may not be liable.
In some cases, even if negligence is difficult to prove, an insurance company may still settle a premises liability case to avoid going to court. The above are simplified examples, and there are many complexities in a true premises liability case, which your attorney can better analyze.
Contact a Premises Liability Attorney
Whether you were injured in a preventable slip-and-fall accident or bitten by your neighbor’s dog, you deserve compensation.
Wondering whether you have a premises liability case on your hands? Speak with Kohan & Bablove, LLP. Call 1-844-404-2400 or enter your contact information below to speak with a premises liability lawyer.