{"id":3055,"date":"2024-05-08T14:12:33","date_gmt":"2024-05-08T21:12:33","guid":{"rendered":"https:\/\/harshlaw.com\/?page_id=3055"},"modified":"2024-05-08T15:53:54","modified_gmt":"2024-05-08T22:53:54","slug":"premises-liability","status":"publish","type":"page","link":"https:\/\/harshlaw.com\/practice-areas\/premises-liability\/","title":{"rendered":"Premises Liability"},"content":{"rendered":"\t\t
In the sunny expanse of Southern California, where business and recreation abound, the legal concept of premises liability is essential knowledge for property owners and residents alike. Premises liability law holds property owners and occupiers responsible for accidents and injuries that occur on their property. This article provides an overview of premises liability in the context of California law, highlights common injuries, and offers statistical insights to underscore the importance of understanding and adhering to these legal standards.<\/p>
\u00a0<\/strong><\/p> Simply put, premises liability is a legal concept that usually comes into play in personal injury cases where the injury was caused by some type of unsafe or defective condition on someone’s property. Basically, it’s about holding a property owner responsible for accidents that happen on their property.<\/p> Here are three different examples which illustrate premises liability:<\/p> \u00a0<\/p> \u00a0<\/p> In all these examples, the key point is that the owner or person in control of the property has a responsibility to keep it safe for others. If they fail to do this and someone gets hurt, they can be taken to court and may have to pay for the injured person’s medical bills, pain, suffering, and other damages.<\/p> \u00a0<\/p> Under California law, premises liability arises from California Civil Code 1714(a), which defines the responsibility for an injury, \u201coccasioned to another by their want of ordinary care or skill in the management of their property or person.\u201d The law covers various scenarios ranging from slip and fall accidents to defective construction or maintenance.<\/p> \u00a0<\/p> In Southern California, where foot traffic in commercial and public spaces is high, injuries in premises liability cases include:<\/p> \u00a0<\/strong><\/p> The National Floor Safety Institute has reported that falls account for over 8 million hospital emergency room visits, representing the leading cause of visits (21.3%). Additionally, floors and flooring materials directly contribute to more than 2 million fall injuries each year.<\/p> \u00a0<\/strong><\/p> In California, the property owner’s duty of care includes regular inspection, maintenance, and prompt repair of the premises. If a hazard exists, the owner must provide adequate warning until the hazard is rectified. The level of care expected can vary depending on the property type and the foreseeability of an injury.<\/p> \u00a0<\/p> The duty owed by a property owner in California also varies according to the status of the visitor:<\/p> \u00a0<\/strong><\/p> To file a premises liability claim in California, the injured party must prove that the property owner was negligent concerning the ownership and maintenance of the property. This includes demonstrating that the owner knew or should have known about the hazardous condition and failed to repair it or provide adequate warning.<\/p> \u00a0<\/p> If you have been injured on someone else\u2019s property in Southern California, know that the law is on your side, and compensation may be available for your injuries. Harsh Law is dedicated to providing expert legal representation to those affected by premises liability issues. We encourage property owners and injury victims alike to contact us for more information or to discuss a potential claim.<\/p>An Overview of Premises Liability<\/strong><\/h4>
Premises Liability in California: The Legal Framework<\/strong><\/h4>
Common Injuries in Premises Liability Cases<\/strong><\/h4>
Tread Carefully: Leading Cause of ER Visits<\/strong><\/h4>
Property Owner\u2019s Duty of Care<\/strong><\/h4>
Visitor Status Under California Law<\/strong><\/h4>
Filing a Premises Liability Claim in Southern California<\/strong><\/h4>
Assert Your Legal Power \u2013 Reach Out to Harsh Law <\/strong><\/h4>