Premises Liability

Premises liability refers to the legal responsibility of property owners to ensure the safety of individuals who enter their premises. This includes residential properties, commercial establishments, public spaces, and even government-owned properties. Property owners owe a duty of care to visitors, guests, customers, and even trespassers, depending on the circumstances.

Property owners and occupiers have a legal duty to maintain safe conditions on their premises and prevent foreseeable harm to visitors. This duty of care extends to all areas of the property, including buildings, walkways, parking lots, and recreational areas. Property owners must regularly inspect their premises for hazards, repair any dangerous conditions, and provide adequate warnings to visitors about potential risks.

Premises liability laws differentiate between different types of visitors and guests who enter a property:

Invitees: Invitees are individuals who enter a property for the benefit of the property owner, such as customers in a store or guests at a social gathering. Property owners owe the highest duty of care to invitees and must take reasonable steps to ensure their safety.

Licensees: Licensees are individuals who enter a property with the permission of the property owner for their own purposes, such as social guests or delivery personnel. Property owners must warn licensees about known hazards on the property that may not be immediately obvious.

Trespassers: Trespassers are individuals who enter a property without permission from the property owner. While property owners generally owe a lower duty of care to trespassers, they are still required to refrain from willfully or intentionally causing harm to trespassers and must warn them of known dangers that could cause serious injury or death.

Legal Concepts in Premises Liability Cases

Negligence

Negligence is the foundation of premises liability cases and refers to the failure of a property owner or occupier to exercise reasonable care in maintaining safe conditions on their premises. To establish negligence in a premises liability case, the plaintiff must prove four elements:

     - Duty: The property owner owed a duty of care to the plaintiff.

     - Breach: The property owner breached that duty by failing to maintain safe conditions or warn of known hazards.

     - Causation: The breach of duty directly caused the plaintiff's injuries.

     - Damages: The plaintiff suffered actual damages, such as physical injuries, medical expenses, or pain and suffering.

Foreseeability

Foreseeability is the legal principle that requires property owners to anticipate and address foreseeable risks of harm to visitors on their premises. Property owners have a duty to take reasonable steps to prevent foreseeable dangers or warn visitors of potential hazards that they knew or should have known about.

Causation

Causation is the link between the property owner's negligence and the plaintiff's injuries. In premises liability cases, the plaintiff must demonstrate that the property owner's failure to maintain safe conditions or warn of hazards directly caused the plaintiff's injuries.

Burden of Proof

In premises liability cases, the burden of proof lies with the plaintiff, who must demonstrate that the property owner's negligence was the proximate cause of their injuries. The plaintiff must present evidence to establish each element of negligence by a preponderance of the evidence, meaning that it is more likely than not that the property owner's negligence caused the injuries.

Liability of Property Owners and Occupiers

Legal Responsibilities

Property owners and occupiers have a duty to exercise reasonable care to ensure that their premises are safe for visitors. This duty includes:

     - Regularly inspecting the premises for hazards.

     - Repairing or removing hazards promptly.

     - Providing adequate warnings about known dangers.

     - Taking reasonable steps to prevent foreseeable harm to visitors.

The extent of the duty of care may vary depending on the visitor's status (invitee, licensee, or trespasser) and the circumstances of the visit.

Potential Defenses

Property owners may assert various defenses in premises liability cases to challenge liability or mitigate damages. Some common defenses include:   

     - Comparative Negligence: Property owners may argue that the plaintiff's own negligence contributed to their injuries. California follows a comparative negligence system, allowing damages to be reduced proportionally based on the plaintiff's degree of fault.   

     - Assumption of Risk: Property owners may argue that the plaintiff voluntarily assumed the risk of injury by engaging in a known hazardous activity or disregarding warning signs. However, this defense may be limited if the danger was not open and obvious or if the plaintiff had no reasonable alternative but to encounter the risk.

     - No Duty Owed: Property owners may assert that they owed no duty of care to the plaintiff under the circumstances, such as in cases involving trespassers or unforeseeable dangers.

Types of Compensation Available to Premises Liability Victims

Medical Expenses

   - Premises liability victims may be compensated for medical expenses incurred as a result of their injuries. This includes hospital bills, surgical costs, medication expenses, rehabilitation fees, and other necessary medical treatments.

   - Compensation may cover both past and future medical expenses related to the injuries sustained on the premises.

Lost Wages

   - Victims who suffer injuries in premises liability incidents may be entitled to compensation for lost wages or income if their injuries prevent them from working temporarily or permanently.

   - Lost wages compensation may include wages lost due to missed work days, reduced earning capacity, or inability to return to work in the same capacity as before the injury.

Pain and Suffering

   - Premises liability victims may be awarded compensation for physical pain, emotional distress, and mental anguish resulting from their injuries.

   - Pain and suffering damages are intended to compensate victims for the physical discomfort, emotional trauma, and psychological impact caused by the accident and resulting injuries.

Property Damage

   - In premises liability cases involving property damage, victims may be compensated for the repair or replacement of damaged personal property, such as clothing, electronic devices, or vehicles.

   - Property damage compensation may also cover other losses, such as damage to personal belongings or loss of use of property.

Steps to Take After a Premises Liability Incident

Seek Medical Attention

Your health and well-being should be your top priority. Seek immediate medical attention for any injuries, even if they seem minor at first. Some injuries may not be immediately apparent but could worsen over time if left untreated.

Report the Incident

Report the premises liability incident to the property owner, manager, or supervisor as soon as possible. Ask for an incident report to be completed and request a copy for your records. Be sure to provide accurate details of what happened and the injuries sustained.

Document the Scene

If possible, take photographs or videos of the accident scene, including any hazardous conditions that contributed to the incident. Capture any visible injuries, property damage, and relevant surroundings. Collect contact information from any witnesses who saw the incident occur.

Preserve Evidence

Preserve any physical evidence related to the premises liability incident, such as torn clothing, damaged personal belongings, or medical records. Keep copies of any documents, reports, or correspondence related to the incident, including medical bills and receipts.

Follow Medical Advice

Follow all medical advice and treatment recommendations provided by healthcare professionals. Attend all scheduled medical appointments, follow prescribed treatment plans, and keep detailed records of your medical expenses and recovery progress.

Avoid Discussing the Incident

Refrain from discussing the details of the premises liability incident with anyone other than your attorney, healthcare providers, and immediate family members. Avoid posting about the incident on social media or making statements to insurance adjusters without legal representation.

Contact Us for a Free Consultation

If you've been injured due to unsafe conditions on someone else's property, you don't have to face the legal process alone. Drake Law Firm is here to help you navigate the complexities of premises liability law and pursue the compensation you deserve for your injuries and damages. Contact us today for a free consultation to discuss your case and learn how we can help you seek justice and hold negligent property owners accountable.

Phone: 1-844-513-7253

Whether you've been injured in a slip and fall accident, a dog bite incident, or any other type of premises liability incident, you can trust Drake Law Firm to fight tirelessly on your behalf. We will work diligently to investigate the circumstances of your case, gather evidence, and build a strong legal strategy designed to achieve the best possible outcome for you.

‍