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.
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.
Click here to find experienced
Premises Liability Lawyers and Law Firms
Personal Injury Experts can refer you to experienced premises
liability lawyers and premises liability law firms in California.
For your convenience Personal Injury Experts can provide you with
serious premises liability attorneys rating, settlements, true name,
education, specialties, licenses, sanctions, partners, track record,
and more. Personal Injury Experts can refer you to serious personal
injury lawyers in convenient locations in Los
Angeles, Orange County, San
Diego, and San Bernardino. For
more information please feel free to contact us at (800)
777-9877 or click here.
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.
Go back to Top
|
