Have you recently eaten dinner at a restaurant? What would happen if you had fallen in the parking lot afterward? The California premises liability definition explains who would have been responsible for your fall and for paying for your injuries. Imagine your evening had ended like this: While you ate dinner, the sky became dark. As you left the restaurant and entered the attached parking lot, you realized it was hard to see. There was no moon, and an overhead parking lot light was out. That … [Read more...]
Category: Premises Liability — Page 5 of 6
Are Spilled Milk and a Torn ACL Elements of a Premises Liability Case?
An aspiring dancer walked into a store and slipped on some milk. That sounds like the beginning of a bad joke, but it’s actually the beginning of a premises liability case. Anna’s story illustrates what happens when all four elements of a premises liability case exist. What is a premises liability claim? A premises liability claim is a request by an accident victim to be compensated for injuries occurring on someone’s property. “Premises” refers to a place such as a business or home. “Liability” … [Read more...]
Are There Really A Lot of Frivolous Personal Injury Cases?
Claims that there is an epidemic of frivolous lawsuits have become common place. Frivolous lawsuits, ones with no legal basis, are said to be clogging courts and costing taxpayers billions. But is that really true? The short answer is no. But as a Long Beach personal injury attorney, I have seen defendants discount the legitimacy of valid lawsuits by calling them frivolous. Several mechanisms built into the legal system help prevent, dismiss or correct frivolous cases. Strangely … [Read more...]
Why Is Early Gathering of Evidence Important In A Slip and Fall Case?
Slip and fall accidents are the #1 cause of accidents in hotels, restaurants and public buildings. Yet many slip and fall accident cases are unsuccessful. Why? Because a slip and fall case is not just about whether you slipped, fell and hurt yourself. It is based on a claim that the property owner was negligent in allowing some dangerous condition to exist, and that caused you to slip and fall. As a personal injury lawyer I know that getting evidence quickly after a fall is key to winning … [Read more...]
What Does Premises Liability Mean?
What Does Premises Liability Mean? by Michael Waks Premises liability is the personal injury law that comes into play when a person is hurt on someone else’s property because there was a dangerous condition. When owners fail to take proper care of their property, they are responsible if someone is injured. Learn more about premises liability in California in this presentation. … [Read more...]
Three Causes of Injury Store Owners Could Be Responsible For
Store owners have a legal duty to take reasonable steps to keep customers safe. When a store owner fails to fulfill this legal duty and as a result someone is injured, the victim can sue to be compensated for his or her losses. First, victims have to show the store owner knew or should have known there was a dangerous condition. Victims must also show the store owner failed to take reasonable steps to correct the hazard or warn visitors about it; and that injuries occurred as a direct … [Read more...]
Premises Liability: An Owner’s Duty to an Invitee and a Licensee
Property owners whose properties are open to the public, or to guests, have certain duties to people who come onto their land or into their buildings. The duty of taking care of a property can also extend to a renter or possessor, if they are responsible for taking care of the space. When an injury occurs on a property, the victim must show there was a dangerous condition, the property owner had a duty to correct or warn about the condition, and the property owner's … [Read more...]
Premises Liability: What Do You Need to Prove to Win Your Case?
In a typical premises liability case, an injured accident victim must prove the property owner was negligent in living up to his legal standard of care. The victim (plaintiff) has the duty of showing the owner (defendant) failed to correct or warn about a dangerous condition the defendant knew about or reasonably should have known existed. There are different kinds of evidence that can show a condition was dangerous and that the property owner was liable for the victim's accident injuries. In … [Read more...]
Are Property Owners Liable When Visitors to a Property Are Hurt?
When people enter a property they have the right to expect the property is reasonably safe. Property owners have a legal obligation to make sure visitors don't get hurt by unsafe conditions. The specific obligations a property owner has to protect each visitor is defined by premises liability law. A visitor is called a property entrant, and under California law there are three primary categories of property entrants. Traditionally, the category an entrant fell in determined what specific … [Read more...]
Can I Recover Compensation for Injuries at a Friend’s Party?
When someone throws a party, they assume some degree of responsibility for making sure their premises are safe. A homeowner or a renter should not invite people over to a building that has dangerous conditions. When a property owner has guests over to an unsafe space, the property owner can become responsible for any injuries and losses that result. It is possible to recover compensation for injuries sustained at a friend's party if your friend failed to fulfill a duty he or … [Read more...]
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