A premises liability pertains to an accident that happened on property owned by another party where the victim entered and became injured. The personal injury cases apply to slip and fall injuries, construction accidents, and animal attacks. If the owner failed to protect the victim from bodily harm, the owner is liable for all incurring costs related to the victim’s injuries.
California Civil Code 1714
According to the law, the property owner must provide a duty of care to all visitors in that they maintain the property and keep it free of hazards. If a visitor files a premises liability claim against the owner, they are implying that the owner failed to provide the appropriate care, and there was a hazard that caused the visitor’s injuries.
Under the law, victims of slip and fall injuries can sue a tenant company that is leasing a property if the person was injured while visiting the establishment. However, if the tenant is not responsible for managing the type of hazard that caused the injuries, the property owner is the liable party. Victims who need help under premises liability law get started by contacting an attorney now.
The Legal Rights of the Victim
In premises liability cases, a plaintiff must prove that they had a lawful reason to be on or inside the property. If it’s a commercial property, the person must visit during the hours of operations or have an appointment with the owner or a worker.
If it’s a residential property, the victim must have been invited to the property or had to go to the property to perform their job duties, such as reading electrical service meters or performing utility repairs. If the victim didn’t have a lawful reason to be on the property, the defendant could get the case dismissed on the grounds that the victim was trespassing or on the property illegally.
Where There Any Warnings for the Hazard?
Another important factor was if the property owner or occupant had any warning signs around the hazard. A wet floor in a store or restaurant must have a sign indicating the hazard to prevent patrons from walking through the area.
If there are chemicals spilled on an aisle in a shopping center, a worker must stay to warn customers until the chemicals are removed. If the investigation shows there were adequate warning signs, the victim may be at fault for their own injuries. Video footage of the accident shows if there were any visible signs that the person should have seen entering the area.
Compensatory Damages Under California Laws
When starting a lawsuit against a property owner or a business that rents the property, victims are seeking economic or compensatory damages. Their losses include medical bills, continued treatments, lost wages, a decrease in earning capacity, permanent injuries, or pain and suffering. When presenting a claim for these losses, the victim needs invoices from doctors who treated them in addition to medical records. The plaintiff also needs evidence that shows the value or amount for each monetary loss and how they incurred it.
Property owners are required by state laws to maintain their homes and businesses and prevent circumstances that lead to visitors being injured. If they failed to provide this duty as outlined in the state civil codes, the owners could become defendants in a lawsuit.
