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By Brad Nakase, Attorney
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Most people spend a lot of time on someone else’s property every day. As part of our daily routine, we run to the supermarket, stroll through the mall, drop the kids off at school, catch a movie at the theater, or eat at our favorite restaurant. Since we spend so much time doing these activities, the likelihood of getting injured while on someone else’s property is probably higher than expected. If you do suffer an injury while on someone else’s property, you may be able to pursue compensation from the property owner for your medical treatment and other expenses. This is because the property owner is responsible for ensuring the premises are safe, and their failure to do so as the result of irresponsibility (negligence) forms a connection to the injuries you suffered.
These claims are made under premises liability law, which holds landowners legally accountable for accidents and injuries on their properties. The San Diego Premises Liability Lawyers at the Nakase Personal Injury Law Firm are experienced professionals capable of handling all premises liability cases.
Premise Liability refers to when someone is injured because a property has been kept in poor or unsafe conditions. The unsafe conditions cause injury from a slip and fall; the dangerous condition may also have caused a slip and fall, resulting in serious bodily injuries. As a result, the injured person may need to hire a trip-and-fall lawyer or slip-and-fall lawyer.
Speaking to a premises liability lawyer as soon as possible is recommended. They will be able to give you advice based on the details of your case. The advice in this article is general legal advice, but a premise liability lawyer can give specifics. First, who is liable needs to be determined. The three factors determining liability are ownership, possession, and control of the premises. If there is no control over the premises, then liability can’t be found. A shop landlord does not have control over the premises and, therefore, does not have a duty of care to ensure the premises are safe. In this case, the person who controls the property would be the one who is sued. There is no requirement for all three; the person who controls the property is ultimately liable.
Depending on the circumstances, different people could be liable for the property. It is also possible that multiple people can be responsible for the property.
Keeping the property in a safe condition cannot be delegated. Suppose the property owner or controller hires an independent contractor to fix any hazardous conditions who fails to make it safe. In that case, the property owner is still responsible and liable to the state. When an injury occurs, the property owner, rather than the independent contractor, is liable for damages.
If an employee fails to fix a problem or to warn someone about a hazard, the employer is still liable for the employee’s negligence. The respondeat superior laws in California mean employers are responsible for all employees’ actions. Any negligence by employees is, therefore, considered negligence of the employer.
Defendants in a premise liability case may include:
Example
Belinda is a cleaner at a mall. While mopping the public bathroom, she forgets to put a wet floor sign up. There is a puddle of water on the floor that a customer doesn’t see, and they slip and break their arm on the tiles.
The customer sues the mall for damages after speaking to a premise liability lawyer. Even though it was Belinda’s job to put up a wet floor sign, the mall is liable for her negligence. The mall is responsible for any negligent actions of its employees during their shifts.
Premise liability isn’t so black and white; sometimes, courts rule that a portion of the liability rests with multiple people. If a hazard is evident and someone can notice and avoid it, then there is no duty of care to warn the guest. These decisions are made on a case-by-case basis and are subject to the court’s decision. If you plan to file a premise liability lawsuit, you should speak to a liability lawyer in California. They will be able to give you advice based on your situation.
Negligence by the property owner must be proved for a premise liability claim. Forms of negligence include:
In California, the landowner and occupier are obligated to ensure their premises are safe for everyone who visits their property. For example, grocery stores must prevent trip and fall injuries. Also, the grocery store must prevent slips and falls because the produce aisle may be slippery.
However, the degree of liability or duty of care depends on the relationship between the landowner and the visitor. The reason the visitor is present on the property will also be considered. There are a lot of factors involved in these laws, so it is recommended to speak to a premises liability lawyer.
Under the law, landowners have a duty of care for all visitors on their premises. The following things are included in the duty of care:
Under California state law, negligence must be proved for a premise liability case. If someone injures themselves on a property through their actions, the property owner is not at fault.
Premise liability cases generally involve slip or trip and fall accidents. Dog bites, construction accidents, or negligent or willful conduct by third parties on the property are also common injuries in premise liability cases.
Premise liability accidents can happen on any property that is not your own. Some examples include:
Things that may cause trip and fall accidents on stairs include broken or loose handrails, rotting wood, and broken steps. If someone is seriously injured on stairs, the property owner may be required to pay damages to the victim. The property owner is responsible for maintaining the stairs on their property. This includes repairing any broken or loose parts of the stairs and ensuring it is safe for people to use the stairs. This will ensure they do not pay any damages to people injured on the stairs of their property.
We’ve all seen the yellow caution signs while shopping at the grocery store or walking through the mall, and there is a good reason for them. Immediately, we are alerted to some hazard in the area or on the floor, and we steer clear to avoid a potentially dangerous situation. Slip and fall accidents are probably the most well-known and frequently occurring premises liability claims. In these situations, the caution warning was either non-existent or insufficient to prevent a slip-and-fall accident caused by liquids spilled onto the floor. These accidents can also be caused by unseen objects left in aisles, raised flooring, polished floors, and other dangerous conditions. Suppose you have suffered an injury from a slip and fall accident. In that case, the San Diego Premises Liability Lawyers at Nakase Personal Injury Law Firm can evaluate your case and determine if you have grounds for legal action.
Slip and fall accidents are the most common accidents. The most common injury is a trip or slip hazard that poses a danger to visitors on the premises due to the owner’s negligence. For example, someone is at their local gym, trips over a torn piece of carpet, and hits their head on a dumbbell, resulting in a head injury. In this scenario, the gym owner is responsible as they didn’t have a sign warning of the hazard.
Other causes of slip and fall injuries include:
Construction sites are hazardous places to work or visit. Because of this, many laws and workplace practices are in place to avoid workplace injuries. The owner must follow all of the workplace laws. Furthermore, the owner has a duty of care to protect any visitors or people in the vicinity of the site who may be injured.
There is also a duty of care to prevent people from accidentally walking onto a construction site. This includes warning signs that it is a construction site and even possible barriers.
Examples of injuries that can occur on a construction site include:
Accidents happen more often in homes than anywhere else. They can occur in the victim’s house or while visiting someone else’s home. The most common home injuries are:
Many factors may be considered when a court determines whether the property owner or controller owes damages to a victim. They are:
An owner or controller of a property is legally obligated to take reasonable care to keep the premises safe and clear of hazards. Extra care must be taken for children on the premises as their capacity for recognizing and avoiding danger is diminished. If you have a premise liability case filed against you, contact a lawyer to assist you.
Amusement parks are for having fun, and no one wants to think about the possibility of getting injured while enjoying a roller coaster or waterslide ride. Yet this occurs frequently, leaving those injured at a loss to determine how to pursue a personal injury claim. Who is responsible? Who is the owner of the property? The San Diego Premises Liability Lawyers at Nakase Personal Injury Law Firm can determine the party responsible for your injuries and the best course of action to pursue your claim. Our attorneys are experienced, skilled professionals in handling these types of cases.
Swimming is a fun activity that many people enjoy with family and friends. We often assume proper safety precautions are in place at a swimming pool to prevent a slip-and-fall accident. When using a public pool or one on another’s property, the property owner owes you a duty of care. In other words, the property owners are responsible for ensuring the area is safe. This is a serious responsibility because if you or a family member are involved in a slip and fall accident at a pool, the consequences could be catastrophic, resulting in serious injuries, including near-drowning or the loss of a loved one to drowning. When this occurs, the property owner has breached its duty of care to you. If you or a loved one have been injured in a swimming pool accident, the Nakase Personal Injury Law Firm can help protect your legal rights and fight for the maximum compensation for your injuries.
We routinely use escalators at shopping malls, office buildings, and other venues without giving them much thought. However, escalators are complex mechanical devices requiring regular inspection, servicing, and maintenance to ensure they work correctly. When this process breaks down, using an improperly inspected, poorly maintained or repaired escalator poses a real danger and can result in serious injuries. If you have fallen from an escalator and been injured, you may have a premises liability claim against the property owner. We can help!
If any hazards are concealed, adequate warning must be given to avoid them. If the trifecta of the owner being aware of the condition, precautions not being taken, and the owner being aware of a customer about to come in contact with danger, then negligence is present.
A store owner exercises duty of care if they regularly inspect the premises to ensure no risks to visitors. If the store is self-service so customers would touch the goods, then more excellent care and frequent inspections are required. This is to prevent a dangerous situation caused by a customer from injuring another customer or staff member.
Keeping the property in a safe condition isn’t the only responsibility of the owner or controller. If onsite activity might cause danger, then care must be taken to ensure the activities do not cause harm to anyone on the property.
Many assume they are safe while shopping at the mall, working out at the gym, or watching a game at a sports stadium. However, you could become injured because of an incident that may have been prevented by deploying adequate security. For example, a fight that breaks out between various patrons at a sporting event, causing injury to bystanders, or a shopping mall patron is physically assaulted while walking to their car in the parking lot. California property owners are responsible for protecting customers and lawful visitors through reasonable security measures. Reasonable security measures can include security cameras, security guards, and locks. Often, these reasonable security measures are either lacking or non-existent. If you were injured at a property, it may be due to inadequate security measures. You could have a valid claim against the property owner. The San Diego Premises Liability Lawyers at the Nakase Personal Injury Law Firm have the expertise to evaluate the specific facts of your case, determine if your injuries resulted from inadequate security measures, and help you pursue a claim against the property owner.
The owner or controller is also liable for the actions of third parties on their premises. If a third party causes injury to a visitor of the premises, then the owner or controller of the land is liable. The owner is liable for the condition of their property and the well-being of their guests and customers.
The owner is only responsible for a third party’s actions if it can be argued that their actions could be reasonably anticipated. When determining duty and liability, it must be proved that the owner could foresee the actions of the third party. The court will determine foreseeability. The duty of the owner to provide protection will also be determined by the court. Because this aspect of the law is open to interpretation by the court, seek advice from a premise liability lawyer.
A property owner determined to be negligent in keeping their property safe may have to pay damages for any injuries on their property.
Damages for premise liability in California can include:
Victim fault is when the tables are turned on the victim. The defendant’s lawyers will be looking to do this in any premise liability case. Ensure you have a premise liability lawyer to represent you to ensure your damages aren’t reduced.
If the hazard can reasonably be considered obvious, then it cannot be argued that the owner or controller is at fault for the injury to the victim. The owner can argue that the victim was at fault even if the hazard was not noticeable. Premise liability in California uses comparative fault, which means that even if the owner is at fault, the court may decide that the victim also has some degree of responsibility. The court will then decide what percentage of each party is at fault. This might mean that the percentage of their fault might reduce the damages awarded to the victim. An experienced premise liability lawyer can stop the victim’s fault from being used against you.
An owner or controller is not entirely responsible for the actions of a third party involved in an injury. However, they are responsible for not reasonably controlling the actions of a third party. The main point is that the third party’s actions or behavior must be foreseeable. If you are involved in a lawsuit for third-party inference, contact the San Diego premise liability lawyers at Nakase Law Firm.
For instance, if there is high criminal activity in an area and some of the premise’s customers have been targeted in the past, then the owner or controller could be held liable. The hazardous condition in this scenario would be the risk of becoming a crime victim. Reasonable provisions for this hazard would be:
The government is not as liable for premises liability as private companies or homeowners in California. A victim must show that a hazardous condition was created by either:
This means bringing a premise liability claim against a government entity is more complicated. If someone, not a public employee, creates a hazardous condition, the government is shielded from liability. It is liable if it can be proved that the government was aware of the hazardous condition. If you were injured on government property, speak to an experienced premise liability lawyer to see if you still have a case.
Premise liability law in California is highly complex, with many things determined on a case-by-case basis in court. Whether you are the victim or the property owner being sued, having a premise liability lawyer on your side will ensure the best possible outcome. Our premise liability lawyers at Nakase Law Firm work hard to get you a favorable outcome. Premise liability lawyers will:
It is well worth hiring a premise liability lawyer for the time and money saved. Whether they reduce the damages you pay to the victim or get you the maximum amount as the victim, if you have been injured and are considering filing a lawsuit, speaking to a premise liability lawyer will help you decide if you have a case. If you have just been sued, a premise liability lawyer will discuss the case details and help you decide on your best defense.
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