Premises Liability
When a person is
injured on property possessed or maintained by someone else, the
property owner or party responsible for maintaining the property
may be held legally responsible for that person's injuries, if the
injuries were caused by a dangerous condition on the property.
A possessor's duty
is not limited to keeping the physical property in a safe condition.
The premises alone may involve no dangers, but the condition may be
unsafe because of the activity on the premises. In such a case, the
possessor must exercise due care to ensure that such activities do
not harm persons coming onto the premises.
A possessor, under
certain circumstances, also has a duty to control the conduct of
third persons coming onto the premises. The possessor must take
affirmative action to control the wrongful acts of third persons, if
the owner has reason to anticipate such acts and the probability of
injury resulting from such acts is great. Foreseeability is a
crucial factor in determining the existence of such a duty.
Although slip and
fall accidents are the most common type of premises liability suit,
they arise in many other ways, including toxic chemical exposure,
toxic mold, lead poisoning, defective lighting, improperly
maintained equipment, fallen trees, dog bites, uncovered ditches,
potholes, broken steps, foreign substances on the ground, and any
other dangerous condition of the premises that the possessor fails
to warn of or correct. These conditions can result in a wide range
of injuries, from fractures, to contusions, to more severe injuries
such as spinal cord injuries, severe brain injuries, concussions, or
even wrongful death.
Who may be liable
Property owners and
businesses have a duty to provide a safe environment for people on
their property. A premises liability case might arise against owners
of commercial property, private residences, vacant lots, and many
other types of properties. In addition to the owner of the property,
tenants, maintenance companies, security companies, and governmental
entities may also be defendants in premises liability suits.
Status of the
injured person
The property
possessor's duty to the injured person can vary significantly,
depending on his or her status.
Invitee
An invitee is
someone who is invited to enter or remain on the premises for a
commercial benefit to the possessor of the premises. The invitation
can be either express or implied. For example, a customer in a
department store is an invitee, since the store is said to have
offered a standing invitation to potential customers. A premises
owner has the highest duty of care to an invitee, since the owner
reaps a financial benefit from the invitee's presence.
A possessor has a
duty to inspect the premises for potential hazards, and has a duty
to warn or otherwise protect an invitee from risks of harm from a
condition on the property if:
1. The risk is
unreasonable, and
2. The possessor
knew (or should have known) of the condition, and should realize it
involves an unreasonable risk of harm to an invitee.
Licensee
A licensee is a
person who is invited to be on the premises for a purpose other than
business. A social guest is a licenses.
Typically, a
possessor is liable for physical harm caused to a licensee by a
condition on the premises only if the injured person can show:
1. The possessor
knew (or should have known) of the condition, should have realized
it involved an unreasonable risk of harm, and should have expected
the licensee would not discover the danger,
2. The possessor
failed to exercise reasonable care to make the condition safe or to
warn the licensee
3. The licensee did
not have reason to know of the condition and the risk involved.
By way of example,
if a homeowner knows a step is broken, but the step does not appear
to be broken, the homeowner needs to warn the guest of the danger,
otherwise, she may be liable for the injuries the guest sustains
falling on the step.
Trespasser
A trespasser is a
person who enters the property of another without an invitation, for
his or her own purposes, and not in the performance of any duty to
the owner.
Where premises
owners are not aware of the presence of trespassers, they typically
have no duty to warn a trespasser of any dangers or to make their
premises safe for the benefit of a trespasser. If the premises owner
is aware of the presence of trespassers, the premises owner may be
obligated to exercise ordinary care in relation to the safety of a
trespasser.
WHAT TO DO:
If you or a family
member has been injured on the property of another:
1. Seek immediate
medical attention for your injuries. Go to an emergency room or an
urgent care as soon as you experience any pain or discomfort
following an accident. Even if you don't see any external injuries,
it is extremely important to be evaluated to see if you have any
fractures, a closed head injury, or internal bleeding. If you do not
you're your injuries require emergency medical care, see your family
doctor as soon as possible. If you delay in seeking medical care,
you could be making a costly mistake. At the Law Office of Slaughter
& Slaughter, we work with medical doctors, chiropractors, and
therapists who specialize in treating people who have been injured
in an accident. Even if you do not have health insurance coverage,
Slaughter & Slaughter can provide medical referrals for you to receive
appropriate treatment.
2. Contact an
experienced attorney. Premises liability cases involve complex legal
issues about the status of the injured person, the foreseeability of
the harm, and causation. Failing to obtain proper legal
representation can cost you thousands, if not hundreds of thousands
of dollars. As tempting as it may be, don't be lured into signing a
release in exchange for a quick settlement. Once you sign that
release, you cannot ask for more money, which will be tragic if you
find out that your injuries have not fully resolved and you need
additional medical care.
If your family has
experienced a injury on someone else's property:
1. Contact an
experienced attorney. Please give us a call. We can help take the
burden off of your shoulders and take the necessary steps to protect
your interest.
2. Slaughter &
Slaughter will accurately and honestly evaluate your claim and
strive to get the maximum settlement or judgment to compensate you
for your loss, including reimbursement of medical, funeral, and
burial expenses; and compensation for the pain and suffering your
loved one suffered prior to his or her death, your loss of the
financial support of your loved one, loss of services for the
everyday contribution your loved one made to the household, and the
loss of companionship, affection, sexual enjoyment, and moral
support.
The Law Offices of
Slaughter & Slaughter
4370 La Jolla Village Dr. 4th
San Diego, CA.92122
858.909.9090
There is no reason
to suffer alone. We can help you bring a claim and strive to get the
compensation you and your family will need. Our compassionate
premises liability lawyers want to see you achieve the best
resolution possible.
We serve clients
throughout Southern California, including Orange County, Los Angeles
County, Riverside County, San Bernardino County, and the communities
of La Jolla, Del Mar, Carlsbad, Oceanside, Vista, Encinitas,
Escondido, Pacific Beach, San Diego, Los Angeles, Chula Vista, and
surrounding areas.
Don't delay, call today for more information and a free evaluation
of your claim.
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