Injuries sustained on other people's property are referred to as premises liability cases. Causes for injuries inside buildings may include: poor lighting, sudden changes in floor height, torn carpeting, lack of handrails on stairs, or wet floors, among other things. Outside buildings, causes for injuries may include: poor lighting, uneven ground, lack of handrails, concealed pot holes, broken stairs, swimming pools, dangerous animals, lack of security or shoddy maintenance. Liability (legal responsibility) for these types of accidents can occur on residential, commercial or public property. Our firm represents plaintiffs against legally responsible owners or occupiers of residential, commercial or public property.
When an accident or injury occurs to a visitor or tenant while on another person's premises, the owner of the premises may be liable if it can be proven that their negligence or recklessness led to the injury.
To litigate a premises liability case, plaintiffs must prove that the property owners either failed to maintain the property or created unsafe conditions which caused the injury, or knew about the dangerous premises or unsafe condition but didn't warn visitors or tenants of this fact.
In California, owning or occupying land does not make that person strictly liable for the injuries sustained on the property. In order for the property owner or occupier of the property to be liable, there must be some form of negligence by the owner or occupier. Furthermore, the owner or occupier's duty of care varies depending on whether the injured person is an invitee, licensee or trespasser.
To successfully win a premises liability case, you need attorneys who understand the various nuances of premises liability, and who understand the distinctions between invitees, licensees and trespassers, as the degree of responsibility owed by an owner varies according to the status of the person who is injured.
You may be able to file a lawsuit for a premises liability accident if:
- You are a tenant injured due to, among other things, poor lighting, sudden changes in floor height, torn carpeting, lack of handrails on stairs, wet floors, uneven ground, concealed pot holes, broken stairs, swimming pools, dangerous animals, lack of security, or shoddy maintenance at your dwelling;
- You are a visitor injured at someone's residence or business due to a dangerous condition if you were not adequately warned of the existence of the dangerous condition, or if the owner failed to remedy the dangerous condition in a timely manner;
- You are on the property of another and are injured by a dangerous condition that the owner knew or should have known about, and did nothing to warn of the dangerous condition or remedy the dangerous condition.
If you have been injured through a premises liability accident at someone else's home, business or property which you believe may be a result of the negligence or recklessness of another person, you may be able to file a lawsuit to recover the costs involved to pay for your medical bills, any lost earnings or other pain, disfigurement, emotional distress or permanent physical disability you have suffered.