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  • CALIFORNIA PREMISES LIABILITY

California Premises Liability Claims Lawyers

Injured on unsafe property? Yamin Law Group holds negligent property owners accountable to help you secure full compensation for medical bills and lost wages.
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  • LEGAL DEFINITION & DUTY

What Is California Premises Liability?

All property owners have a legal obligation to keep their premises safe from any hazardous conditions. The term “premises liability” refers to injuries caused by the negligence of a property owner. Usually, in these types of cases, the property owner neglects to protect the safety of an “invitee,” or someone else invited onto the property.
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  • 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…”

  • IDENTIFYING RESPONSIBLE PARTIES

IDENTIFYING RESPONSIBLE PARTIES

At times the government or a private land owner may be responsible for your injuries due to failing to maintain the property in a safe and reasonable condition. Property owners owe a duty of care to maintain the premises, conduct reasonable inspections, and repair any harmful conditions in a timely manner.

Accordingly, if you have been injured you may recover for your:

Medical Bills

Lost Earnings

Pain & Suffering

Loss of Consortium

Emotional Distress

  • Not sure what to do next?
Contact Yamin Law and we will guide you toward the right path in treating your injuries and getting you the compensation you deserve.
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  • Types of Premises Liability Claims We Handle

Types of Premises Liability Claims We Handle

From toxic exposure to inadequate security and slip and falls, Yamin Law Group holds negligent California property owners accountable for your recovery.
Slip and fall cases are amongst the most common premises liability cases. Accidents of this nature are frequently prevalent at grocery stores, drug stores, gyms, swimming pools, and elevators.
A landlord may be held liable if they knowingly allowed mold, asbestos, or lead exposure on their property. This could be considered highly dangerous and could lead to death or long-term sickness.

As time goes on, certain structural and mechanical systems may degrade or begin to fail. Conditions like broken or chipped stairs, cracked sidewalks, uneven pavement, and other unkept structures are the property owner’s legal responsibility to maintain.

If the property owner failed to provide adequate security for business patrons, shoppers, or students at a college campus, the property owner may be liable for a negligence claim under premises liability.
For example, if the property owner knew or reasonably should have known that the area was a high-crime zone, or that there had recently been break-ins on the property, and failed to take preventative measures, the owner may be held liable for an incident that took place on the property. Reasonable measures include installing cameras, hiring security, and posting appropriate warning signs.
If a property owner’s dog bites someone on their property, they may be held liable for the victim’s injuries and damages.
Pool owners may be held liable when a swimmer or a visitor to the pool is injured. The pool owner has a duty to make the pool reasonably safe for its anticipated use.
Elevator accidents may be correlated with misleveling. The most common injury is a person tripping in or out of the elevator. Injuries may also happen if the elevator car exceeds recommended speeds or the doors malfunction. Property owners are responsible for maintaining their elevators and may be legally liable for injuries that occur on their premises.
A property owner may be liable for a fire resulting from his or her negligence. The most common causes are gas leaks, faulty outlets, improper electrical wiring, malfunctioning fire extinguishers, and improper building materials. A property owner in California must practice reasonable care for fire prevention and take the necessary steps to keep the property safe from fire hazards.
  • BUILDING YOUR CASE

Elements of Premises Liability

Anyone who has control over the property where you were injured can be held responsible for your injuries under California law (Alcarez v. Vece [1997] 14 Cal. 4th 1149).

To establish a claim the plaintiff must prove:

The Defendant owned/leased/occupied/controlled the property

The Defendant was negligent and failed to provide ordinary care in the use or maintenance of the property

The plaintiff was harmed due to the negligent care of the property

The Defendant’s negligence was a substantial factor in the cause of the injury

  • LEGAL VISITOR CLASSIFICATION

Property Owner Duty of Care Classifications

A property owner’s legal duty of care depends on whether you are an invitee, licensee, or trespasser. Learn how California law classifies visitors and determines liability.
The highest duty of care is afforded to an invitee. Invitees are on the property if the property owner has given them expressed or implied permission to be on their property. This is where the owner invites any person onto the property for the owner’s own commercial benefit or business dealings. Accordingly, courts generally find that a property owner’s duty to an invitee is to periodically inspect the property and premises for hazardous conditions.

Grocery and drug stores for example should periodically check their floors for any spills from liquids or merchandise as well as inspect the shelves to make sure they are secured from falling over.
A social guest in California is generally considered a licensee. Licensees are individuals who are invited by the owner to enter or remain on the premises and they generally do not engage in business or commercial activity. If the person is categorized as a licensee and injured, the property owner is liable if they should have known of the risk of danger and realized that the risk of harm was unreasonable.

For example, a homeowner who had knowledge of a broken step leading to his garage may be liable to a guest if the guest was injured due to that broken step. The homeowner had a duty to notify the guest of any dangers that may be in the home and the broken step could be considered as an unreasonable risk of harm to the guest.
A trespasser is a person who enters a person’s property without the owner’s express or implied permission. Generally, property owners have no duty owed to the trespasser unless the property owner is aware that there are trespassers present, if that may be the case the property owner may have to exercise ordinary care.

Lastly, a landowner owes a duty of care to child trespassers when the owner knows or has reason to know that children are likely to trespass. Due to a child’s age and inexperience they are unable to appreciate the risks involved in trespassing.
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Yamin Law Is Here to Help

Contact Yamin Law if you or someone you care about has been hurt as a result of a property owner’s failure to maintain his or her property or failure to post conspicuous warning signs. Our knowledgeable legal team will work closely with you to ensure that you receive fair compensation for your injuries.
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