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Premises Liability
What is Premises Liability
Premises liability laws in California require property owners and occupants to maintain their property in a reasonably safe condition and to warn visitors and guests of lurking dangers that may not be open and obvious. The owner, possessor, or controller of the property has a duty of care to maintain their property, inspect the property, repair any potentially dangerous conditions, and/or give an adequate warning if a dangerous condition exists.
The owner or occupant of the property who fails to maintain it in a reasonably safe condition may be liable for any injuries sustained on it. A party injured by a property owner's negligence could file a personal injury lawsuit for damages against that owner. There are several types of damages in a California premises liability lawsuit, including medical bills, physical therapy, continuing medical care, lost wages, diminished earning capacity, scarring, and pain and suffering.
Premises Liability Laws
A premises liability claim in California is based on negligence. Under California Civil Code 1714(a):
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…”
In a premises liability cause of action, the factual elements of the claim require the plaintiff to prove that he or she was harmed because of the way the defendant managed the property. Specifically, under California law the plaintiff must prove: The defendant owned, leased, occupied, or controlled the property; The defendant was negligent in the use or maintenance of the property; The plaintiff was harmed; and The defendant’s negligence was a substantial factor in causing the plaintiff’s harm.
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Property owners have a "duty of care" based on what a reasonable property owner would do under similar circumstances. To determine whether or not the defendant breached the duty of care, the jury may consider among other factors: The location of the property; The likelihood that someone would enter the property in the same manner as the plaintiff; The likelihood of an injury; The severity of the injury ; Whether the owner knew of or should have known of the condition; The burden of reducing or avoiding the risk; and The degree of control the owner had over the risk.
Parties That Can Be Sued
If you are injured on someone else's property, you can generally sue the owner, lessee, occupant, or controller of the property.
The responsible party does not have to be the owner, possessor, or controller of the property. Ownership, possession, or control are insufficient to establish liability. Depending on the type of property, the person responsible may vary. More than one person may be responsible for the property.
Property owners or possessors are generally not allowed to delegate the duty to keep the property reasonably safe. An independent contractor hired by the property owner to correct an unsafe condition is still responsible for the condition of the property even if that contractor negligently fails to do so. Damages could still be claimed from the property owner if the unsafe condition results in an injury.
Additionally, if the employer fails to fix a hazardous situation on the property or warn the employee about dangers on the property, the employer may be liable for the employee's negligence. The principal is liable for the negligence of the agent under California's respondeat superior law. When an employee acts negligently within the scope of employment, an employer or business is vicariously liable.
An individual or company that can be sued in California for premises liability can include: a homeowner; a business owner; a tenant or renter; a property management company; a parent company; a retail center; a restaurant; a store; or an employee of one of the above.
Common Premises Liability Claims
Almost any type of property can be the site of a premises liability accident, including government property, parks, office buildings, stores and malls, parking lots, apartments, and private homes.
Slip and Fall Accidents
California has a high rate of slip and fall accidents. California slip and fall liability causes include spills and leaks, loose carpeting, uneven floors, uncovered cables and cords, broken or missing railings, failure to close off construction sites, and failure to post warning signs about known hazards.
Waterpark and Amusement Park Accidents
In California, there are a number of types of premises liability lawsuits that can arise from waterparks and amusement parks. Visitors to these parks pass through them every day, so they have a duty of care to ensure the parks are safe. The responsibility of amusement park companies includes providing a safe environment for customers, including providing safe roller coasters. In addition to maintaining the rides, line-up areas, food service areas, and even parking lots, amusement park owners are responsible for maintaining the property.
A theme park may be liable for damages if a visitor is injured there. Water parks may be even more dangerous. Most of the customers at a water park are barefoot children. Owners of water parks should be aware of the potential accidents that can occur and take steps to prevent any injuries. It is the park owner's responsibility to provide a safe environment when someone is injured in a water park or water slide accident.
Construction Site Accidents
Anyone who is in a construction zone often faces a number of potential hazards. Construction sites have a number of safety regulations for employees to help avoid workplace (on-the-job) injuries. Property owners, however, still owe a duty of care to anyone on the property, as well as to anybody off the property but within a zone of potential danger.
Additionally, property owners may be liable for accidents that occur just off their property but are caused by hazards on their property. Passersby and visitors may be at risk from construction site accidents. A visitor or customer to a store or office building may walk into a construction zone without even knowing it. Povidone warnings and barriers may be part of property owners' responsibilities to prevent people from walking into dangerous areas. Accidents on construction sites may involve cranes, electric shock, ladders, roofing, and scaffolding.
Stair Injuries
Steps that are broken, rotted wood, and loose handrails can cause accidents on stairs. A property owner may be responsible for the victim's damages following a dangerous stairway accident.
Maintaining a property's safety includes making stair repairs, repairing broken steps, and making sure the stairs are safe. Property owners may be responsible for damages if someone falls due to broken stairs or dangerous conditions in the stairway.
Injuries Caused by Animals
Premises liability can include injuries caused by animals. This includes situations in which an animal injured a person due to a dangerous property condition. Dog bite injuries are another common injury on private property. The majority of California dog bite injury cases, however, are covered by specific laws that apply to dog bite injury laws. While a homeowner may have been negligent in securing a dog on their property, most dog bite cases are handled by "strict liability."
Elevator Injuries
People injured in elevator accidents have the right to file a lawsuit against those responsible. Generally, elevator accidents are the responsibility of the property owner. However, elevator accidents may also fall under products liability if the manufacturer or seller puts out a faulty product.
Owners of properties with elevators, including office buildings or apartments, are responsible for making sure the elevators are working properly. In the case of unsafe elevators, the property owner is responsible for fixing the elevator and warning others about the risks. In the event of an accident or injury, the property owner may be held liable.
Home Accidents
The number of accidents that can occur in the home is often overlooked. A study found that there are more accidents at home than anywhere else. Visiting another person's home may be just as likely to result in a home accident as visiting your own. Home accidents can involve burns, electric shock, inhalation injuries, chemical burns, falling trees and limbs, domestic worker injuries, deck collapses, drownings, poisonings, and slips and falls.
Someone may be responsible for an accident that occurs at another person's home. In general, a homeowner who fails to keep the property in a reasonably safe condition is liable for damages if a visitor is injured on the property. Renters may also sue landlords for allowing unsafe conditions at their rental properties.
Dangerous Conditions
There is an affirmative duty on the part of property owners to repair dangerous conditions or warn individuals about those hazards. By claiming they were unaware of the hazardous conditions, a property owner cannot escape liability. To avoid exposing others to an unreasonable risk of harm, the owner or occupier has a duty to maintain the property with ordinary care. Property owners are responsible for discovering any unsafe conditions on the property. Several factors indicate whether the property owner knew of or should have known about a dangerous condition, including: The obviousness of the danger, Complaints about the danger, Amount of time that the dangerous condition existed, Prior injuries caused by the dangerous condition, and Poor attempts to fix the hazard.
There are circumstances when a property owner may not be liable for damages caused by a "minor, trivial, or insignificant defect" on the property. Types of defects and injuries can determine what constitutes a minor defect.
Property owners are responsible for a variety of dangerous conditions depending on the type of property they own. Suppose that there was spilled food or liquid in a grocery store. Slipping on this would be dangerous. Food spills at grocery stores need to be discovered and customers are required to be warned or cleaned up.
Notice of Caution
As a general rule, if the property owner cannot fix the dangerous condition, he or she should generally post a warning or notice about the hazard. Others are notified that a potentially hazardous condition exists, so they can avoid it or take the necessary precautions.
Warnings and notices must be tailored to the dangerous condition and the type of people who may be injured. It is important that a warning is able to provide a fair warning of the location and nature of the danger. The warning should also be visible or obvious enough so that others will be warned before getting into a dangerous situation.
Awarding Damages
The injured person can seek damages for their non-economic and financial losses as a result of the accident in a premises liability lawsuit. Medical bills, medical care in the future, lost wages, lost earning capacity, and property damage are all considered economic damages.
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An injury victim receives noneconomic damages for losses that cannot be quantified. Scarring, disfigurement, limb loss, pain, and suffering are all included in this category.
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Punitive damages may sometimes be awarded in California personal injury lawsuits. Punitive damages in these types of cases are rare and may require proving one or more of the following: The defendant's recklessness resulted in catastrophic injuries or wrongful death, The defendant intentionally destroyed evidence of liability, or The defendant intended to have caused the accident or injury.
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The surviving family members of a victim killed in a premises liability accident may have a claim for damages against the property owner. Damages for wrongful death can include (but are not limited to): Burial expenses, Funeral costs, Income support the deceased would have earned, and Compensation for loss of companionship and support.
Duty Of Care For Trespassers
A property owner's duty to a trespasser in California may vary depending on the situation and the cause of the injury. According to some states, the duty is owed depending on the status of the person on the property. California, however, does not categorize duty based on invitee status, licensee status, or trespasser status.
Instead, if the owner fails to take reasonable care to maintain the property in a reasonably safe condition, the jury would consider all relevant factors. An injury might be caused by: the location of the property; the likelihood of a trespasser entering the property; or the severity of the injury.
Homeowner Insurance
The homeowner's insurance policy may cover many types of bodily injuries sustained on the property. However, not all claims will be paid by an insurance company just because a homeowner has insurance. Reviewing your policy will help you understand what is and isn't covered. It is common for insurance policies to exclude certain types of accidents or injuries. Exclusions of homeowner's insurance may include: Dog bite injuries for certain breeds of dogs; Intentional injuries; Damages from neglect; Injuries caused by poor workmanship; Injuries caused by defective maintenance or repairs; or Trampoline injuries.
The policyholder may also be required to mitigate damages and notify the insurance company of the accident or injury within a certain time frame. Although the insurance policy may cover the injury, the limits may not be enough to cover the full cost of the damage. Personal liability may be insured for $100,000 in a homeowner's policy. The cost of lifetime medical care and lost income for someone who suffers a permanent injury could be in the millions. Damages in excess of the homeowner's liability coverage may be his or her responsibility.
Policyholders generally have the right to be defended and indemnified by insurance companies. The insurer, however, may refuse to pay damages if the type of injury is not covered by the policy or claim that it is not covered by the policy. It may be necessary for the insured to file a lawsuit for damages against the insurance company for reimbursement of any payments to the injured party and costs associated with defending the suit against the other party.
Public and Government Properties
Injuries that occur on government property may be liable to the state, city, county, or federal government. It is possible for the government to be liable for damages caused by a dangerous condition on its property if the government owns or controls the property. However, public entities fall under a different standard when it comes to premises liability claims.
The statute of limitations for claims filed against public entities may be different as well. The government may require a notice requirement prior to suing an employee or agency.
Several personal injury claims against government agencies in California must be filed within six months of the injury. Contact your attorney as soon as possible to ensure that your claim is filed in time. If your claim is not filed in time, you may be denied your claim.
For the plaintiff to prove the public entity is liable for a dangerous condition on the property, they must show: The property was in a dangerous condition at the time of the injury; The injury was proximately caused by the dangerous condition; Whether the dangerous condition created a reasonably foreseeable risk of the kind of injury suffered by the victim; or whether the dangerous condition was the result of a negligent or wrongful act or omission of an employee of the public entity within the scope of his employment; or whether the public entity had actual or constructive notice of the dangerous condition and enough time to take steps to protect against it.
There is a possibility that the government agency may be liable due to employee negligence or notification of a dangerous condition.
The public entity could have discovered the dangerous condition and its dangerous nature if the condition existed over an extended period of time and was of an obvious nature. In addition, it is necessary to consider: Whether a reasonably adequate inspection system would have discovered the condition, and Whether the public entity had such an inspection system but did not discover it.