ASN works closely with a network of reputable Orange County Premises Liability
lawyers who have proven experience and expertise in dealing with
all legal issues involving Premises Liability law and are committed to providing
the highest quality of competent legal representation. If you are
looking for experienced Orange County Premises Liability attorneys or would like
to get more information on a particular Orange County Premises Liability lawyer
please call us or click
here to get an online referral - Let ASN ease the burden
of finding a qualified Orange County Premises Liability lawyer to handle all
you legal matters.
PREMISES LIABILITY CASES
The term “premises liability” refers to the liability
of certain persons for injuries and damages to others arising from
the ownership or possession of real property. In California, premises
liability is based on general principles of negligence and is controlled
both by statute and case law.
As in any other negligence action, the injured person must establish
the following:
1) The existence of a duty on the part of the defendant to use
due care;
2) A breach of this legal duty; and
3) The breach as the proximate or legal cause of the resulting injury.
Premises liability actions have traditionally involved “slip
and fall” or “trip and fall” causes of action.
Premises liability is not, however, limited to such causes of action
and includes, among other things, construction accidents, dog bite
cases, lead poisoning, defective and/or inoperative lighting, failure
to warn of hazardous conditions, and injuries caused by the negligent
or willful conduct of third persons on the premises involved.
In determining who is liable in a premises liability action, the
crucial elements are ownership, possession, and control of the premises.
The person who owns, possesses, or controls the premises is the
one responsible for any injuries arising from a condition of the
premises.
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EXPERIENCED ORANGE COUNTY PREMISES LIABILITY LAWYER
The landowner’s duty differs based on the status of the occupier
and the visitor. There are three different legal types of visitors
and the degree of responsibility owed by the owner varies according
to the status of the injured person. The three types of visitors
are:
1) Invitees or business visitors An invitee is a business
visitor who is invited or permitted to enter or remain on the land
of another for the purpose directly or indirectly connected with
business dealings between such person and the owner or possessor
of the land.
2) Licensee A licensee is a person who comes onto the land
of another by consent or permission, but for his or her own purpose
having no relation to the business of the owner or occupant.
3) Trespassers A trespasser is a person who enters or remains
on the land of another without a privilege or consent to do so.
The term “invitee” is misleading. A social guest may
be invited, but is still considered to be a licensee. The distinguishing
characteristic of an invitee is a mutual business interest with
the occupant of the premises, while a licensee is on the premises
for his or her own purpose.
Other Orange County Areas of Law: Orange County
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construction accident lawyer, Orange County
product liability lawyer, Orange County
premises liability lawyer, Orange County
train accident lawyer, Orange County
truck accident lawyer, Orange County
auto accident lawyer, Orange County
motorcycle accident lawyer, Orange County
worker compensation lawyer
If you have any questions about the information provided above, please contact
us.
Call us or click here
to get a referral to an ASN's panel lawyer.
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