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California Premises Liability Lawyer
Premises liability encompasses a wide variety of issues related to injuries sustained on the property of another. These issues may include slip and falls, trip and falls, and other dangerous conditions causing injury.
To proceed with a premises liability claim, the plaintiff must, at a minimum, be able to prove the following:
- That the defendant controlled the property where the injury occurred;
- i.e., the defendant leased, owned or occupied the property (“[a] defendant need not own, possess and control property in order to be held liable; control alone is sufficient.” (Alcaraz v. Vece (1997) 14 Cal.4th 1149, 1162)
- That the defendant negligently maintained or used the property;
- That the plaintiff was injured; and
- That the defendant’s negligence was a substantial factor in causing the plaintiff’s injuries.
Premises Liability Lawyer
A person who controls (i.e., owns, leases or occupies) the property in question owes a duty to use reasonable care in keeping the property in a reasonably safe condition. Understand, maintenance of the property alone does not establish control. (Alcaraz, supra, 14 Cal.4th at p. 1170) This duty requires the individual to use reasonable care in discovering any unsafe conditions and then to repair or replace the condition. If repairing or replacing the unsafe condition is not done, the individual must provide the property with adequate warnings of any condition that could reasonably be expected to harm others. An individual who fails to perform these duties will likely be found negligent.
If you have been injured in a slip and fall or trip and fall due to someone’s negligence contact the premises liability lawyers at The Steven Dhillon Law Firm at (818) 874-9485. Call today for a free initial consultation of your case.
Personal injury attorney Steven Dhillon personally answers all phone calls and e-mails. You’ll never have to go through a secretary or paralegal to have your call returned or questions answered. We provide superior results through dedicated and zealous representation.
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Recent blog posts on PREMISES LIABILITY:
Responsible for a Car Accident? Can an Umbrella Policy Protect You?
There are many kinds of insurance policies under which you can protect yourself and your property following a car, motorcycle or trucking accident, regardless of who is at fault or responsible for damages stemming from the accident. In a previous blog...
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In a previous post, we discussed important California laws related to the operation of a bicycle on streets and highways. These laws were designed to minimize the occurrence of bike-related accidents (see Riding a Bicycle on California Street?...
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Liability Standards for Personal Injuries from a Domestic Animal
In our previous blog post, we discussed how California law imposes strict liability on the owner of a wild animal that injures someone, regardless how much effort was in place to restrain the wild animal or prevent it from harming someone (see...
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A previous blog post discussed how California law follows a theory of liability known as "strict liability" for the owner of a dog that bites someone (see Dog Bites and Dog-Related Injuries). But does strict liability apply to other...
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In our previous blog post, If a Child is Injured and in Need of Help, Do You Have to Help?, we discovered that there is no affirmative duty to render assistance to an injured person in need of help following a car accident, motorcycle accident,...
If a Child is Injured and in Need of Help, Do You have to Help?
While driving down a rural country road, you see a 7-year old kid yelling to you for help. He is bleeding badly and in need of assistance because he was just involved in a car accident. You are fully able to render aid to his personal injuries...
Injured in an Accident by Someone with a Disability?
Continuing our series on causes of action under a negligence theory (see Injury Accident Cause of Action? Negligence) stemming from a car accident, trucking accident (i.e., "big rig" or "semi truck"), motorcycle crash or other personal injury...
Standard of Care for Minors after an Injury Accident
Undeniably, children are treated differently under the law than adults. This is true both in the criminal courts, as well as the civil courts. In previous posts, we discussed the legal requirements one must satisfy in order to prevail on a...
Negligent Infliction of Emotional Distress from a Personal Injury Accident
The direct victim of a car accident, trucking accident (i.e., "big-rig" accident), motorcycle accident, premises liability accident (e.g., slip and fall or trip and fall) or other personal injury accident has a cause of action against the...
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