Property owners are responsible for keeping their premises safe for visitors, customers, or workers. When they fail to maintain and inspect their property and a person suffers an injury, the California premises liability lawyers at CaseyGerry can help to ensure that they are held accountable.
Property owners and others responsible for controlling, maintaining, and managing property have a duty to keep their property in a reasonably safe condition. They also must use reasonable care to discover any dangerous property conditions.
Whether it is a business, individual, or government entity, property owners and managers are liable for injuries and damages caused by negligent property care and maintenance. If you have been injured on someone else’s property, you may have a premises liability claim against the owner or other responsible party.
Common Types Of Premises Liability Cases
Premises liability cases commonly involve:
Slip, trip, and fall incidents
Construction site injuries
Criminal activity and negligent security
Swimming pool accidents
Elevator and escalator defects
Determining Reasonable Care
To succeed in a premises liability claim, you must show that the defendant failed to exercise reasonable care resulting in your injuries. Important questions to consider when determining whether or not care is reasonable includes:
Did the defendant know, or should the defendant have known about the dangerous property condition?
Did an employee of the defendant know about the dangerous property condition?
Was it reasonably foreseeable that a visitor would be on the property in the same manner that you were when you were injured?
Did the defendant provide warnings about the dangerous condition?
How likely was it that someone would be injured by the dangerous condition?
How difficult would it have been for the defendant to remediate or repair the dangerous condition?
What extent of control did the defendant have over the condition?
For how long was the defendant aware of the dangerous condition?
Responsibility To Guests For Third-Party Conduct
In some cases, business proprietors are responsible for a third-party’s negligent, intentional, or criminal conduct that takes place on their property. Business owners might be responsible for robberies and assaults that occur on their premises if the criminal activity was reasonably foreseeable.
Businesses have a duty to protect their guests from reasonably foreseeable dangers. This does not mean that they will be responsible for all injuries caused by third parties, but they must take precautions that help to prevent foreseeable misconduct and protect guests.
For example, it might be reasonably foreseeable that a customer using an outdoor ATM in a parking lot could be a robbery target. In this case, the property owner might be liable for failing to take precautions that protect ATM users from robbery attempts.
Past similar incidents are often used as evidence by plaintiffs to show that the third-party activity was reasonably foreseeable. Common precautions that property owners take to protect guests from third-party dangers include installing surveillance cameras and adequate lighting in stairwells and parking lots.
Defenses To Premises Liability Claims
Defendants in premises liability cases frequently argue that the plaintiff’s negligence caused his or her own injuries. In California, even if plaintiffs are partially responsible for their injuries, they may still make a claim against negligent defendants for their portion of fault.
Defendants are allowed a reasonable amount of time to remediate dangerous conditions, but they may have a duty to warn visitors of known potential dangers. However, if the condition is open and obvious, defendants will argue that the guest should have observed and avoided the danger.
Decades of Experience
With more than 70 years of legal experience and a track record of success, CaseyGerry knows California premises liability law. The attorneys have extensive experience and thorough knowledge of relevant safety practices, including building codes and Cal/OSHA safety standards, and they work with a skilled team of investigators. The firm has represented a diverse set of individuals who were injured on dangerous premises.
Compassionate California Premises Liability Lawyers
Injuries on unsafe premises may result in staggering medical bills, lost wages, and reduced earning capacity. On top of the financial burden, individuals must also endure resulting physical and emotional pain. CaseyGerry knows how these unexpected situations can turn life upside-down. The attorneys handle all aspects of their clients’ cases, so they can focus on recovery.
If you sustained an injury due to a property owner’s failure to maintain safety standards, you may have the right to collect damages. CaseyGerry can help. You can contact the firm at (619) 238-1811 to discuss your situation, the next steps, and what you can expect.