- What is Premises Liability?
Premises liability refers to the fault of a premises owner’s negligence that can lead to an accident resulting in injury. This includes not tending to the property’s immediate needs (such as mopping up a spill on the floor) and long term needs (such as removing dangerous nails sticking out of walls).
- Public Property, Animal Attacks and Premises Liability
California regards ownership of domesticated animals differently than it does wild animals. In most cases, the owner of the animal is held responsible and must take reasonable precautions to keep the public safe from their animals.
- AirBNB and Premises Liability
Homeowners and renters alike can make extra cash off their properties, especially if they are a verified host. In most cases, rental rooms or houses are generally safe. However, accidents do happen and somebody has to be held accountable for this.
- If Someone Trespasses on my Property am I Liable?
It is always the responsibility of the landlord or owner to inspect the property and purge it of all its potentially dangerous hazards. However, the law has evolved and you may now find yourself liable for the injuries of a trespasser.
- Toxic Mold and Premises Liability Claims
There is a type of black mold that is toxic and which can make people very sick. If you are living in a home with black black mold, have raised the issue, and your landlord didn’t take any action, you may be entitled to file a premises liability claim.
- Lead Paint Exposure and Premises Liability Claims
If the landlord or seller was aware or should have been aware of foreseeable circumstances based on lead exposure, but failed to act accordingly, then they may face a premises liability case for the losses they have caused.
- Premises Liability and Theft
As with most cases, it is the victim’s burden to prove negligence. They must show that the landlord knew about the current conditions and did nothing to change them. For example, if you were robbed because of a broken lock on your front door, you would have to prove that you had repeatedly brought it to the landlord’s attention.
- Personal Injury on Private Property
If an individual is injured on another individual’s private property, then the owner will potentially be subject to a premises liability claim regardless of whether the property was being utilized for commercial or residential motives.
- What Do You Do after an Accident on Someone Else’s Property
It is important to understand that a landlord or property owner cannot be held responsible for a hazardous condition he or she was not even aware of. A property owner must have a reasonable amount of time to discover any hazardous conditions on their property.
- Does The Weather Affect Premises Liability?
Injuries caused by poor weather conditions are not always blameless. All property owners have a responsibility to maintain safe conditions on their property. This means that there is an expectation for them to keep their property in safe conditions, regardless of the weather.
- Liability of Homeowners for Dog Bites on Their Premises
Being that California is a “strict liability” state, the owner of the dog would be found liable even if they did not know the dog was going to behave aggressively. The owner is still held liable even if it was the first time the dog has bitten someone or ever shown aggression.
- AB5 and AirBNB
Due to California Assembly Bill 5, the worldwide hosting megacorporation changed its policy regarding protections to and for the hosts. AirBnB hosts are no longer considered independent contractors, but rather they are employees to the company now, which means they have employee rights such as health insurance, overtime pay, and workers compensation insurance.
- Premises Liability and Outdoor Staircases: When Is a Property Owner Liable?
A property owner is typically held liable for any stair accident that occurs on their property. However, stairs are unique and require unique considerations to determine liability. Stairs have both obvious and not so obvious dangers.
- Environmental Influences and Premises Liability in CA
The property owner must inspect the property to ensure that there are no potential hazards that can cause an accident. If the property owner does not take these precautions, they can be seen as negligent and will be held liable for damages or injuries that affect the victim.
- Premises Liability and Rental Property
If someone gets hurt on a rental property, the party at fault could be that of the owner of the property, not the renter. This is all dependent on a number of different factors, including who the guest was and how what type of property negligence caused the accident.
- Human Attacks and Premises Liability
A property or business owner may not be able to predict the future, but it is still their responsibility to provide reasonable security measures to protect lawful guests from foreseeable crimes.
- Slip and Fall Accidents
Slip and fall accidents are commonplace accidents in premises liability cases. They can occur when there is a liquid, slippery substance, or object that causes a slip on the floor. These kinds of accidents are common in places such as grocery stores and food places. They are most detrimental to elderly people who could be badly hurt from the fall.
- Elevator and Escalator Accidents
Elevator and escalator accidents sound like rare occasions, however, they do happen on occasion and can be dangerous, considering the height of which a person can fall from in the case of an accident.
- Swimming Pool Accidents
Swimming pool accidents usually result from a lack of proper adult supervision and can have dire consequences such as slip and fall accidents and drowning. Swimming pool owners, like all property owners, can be held liable for these accidents.
- Grocery Store Accidents
Grocery stores are a common place for all kinds of accidents, particularly slip and falls. Owners of grocery stores or grocery store chains are responsible for these types of accidents. There are several important steps to take to ensure that you recover well after and get maximum compensation for your injuries.
- Common Premises Cases
If you get injured on a property, it could be cause for a premises liability case. There are many different kinds of these cases which include though are not limited to: slip and falls, dog bites, and fires.
- Child Trespassers - Am I Liable If a Kid Gets Hurt on My Property?
Visitors to a property are required a duty of care by their host and property owner. Trespassers are illegally entering a property, for which they are not entitled to a duty of care by a host or property owner. However, the rules are different if the trespasser happens to be a child.
- What Happens If You Get Hurt While Working on Someone’s Property?
There’s always a possibility of getting hurt while working, but when you are working on someone else’s property, that property owner owes you a duty of care.
- Who Owes the Premises Liability Duty When Tenants are Renting?
Property owners are responsible for keeping their properties safe for their renters and their renter’s guests. Depending on the circumstances of the accident and resulting injury, a property owner can be held liable for the injuries experienced in an accident on their property that is being rented by someone else.
- Premises Liability Law: Determining Who’s at Fault
Determining who is at fault in a premises liability case is dependent on several different factors, including what kind of property it is and whether or not the person hurt on the property was a guest, a trespasser, or a child.
- Types of Premises Liability Lawsuits
There exist different types of premises liability lawsuits, depending on the type of property where the accident occurred. The different types of premises liability lawsuits include, though are not limited to accidents caused by faulty security, slip and falls, and faulty set-ups.
- Punitive Damages in Premises Liability
Punitive damages are those that are awarded as additional monetary compensation when the plaintiffs actions were done with malice. Punitive damages might be awarded in a premise liability case only if the accident occurred by negligence behind malice motive on behalf of the property owner who owes a duty of care to its visitors.
- Premises Liability: What Evidence Do You Need to Prove to Win Your Case
In a premises liability case, like any other case, there is certain evidence that is essential to proving your case. This evidence includes, though is not limited to: photographs, footage, witnesses, and accident reports.
- Premises Liability Insurance
If you own a property or conduct business on a property, you should know about premises liability insurance that is essential to have in the case that someone gets injured on the property.
- Quiz: Do You Have a Premise Liability Claim?
Were you injured on someone else’s premises and you believe the property owner is at fault? You could have a premises liability claim depending on where you got hurt, the type of injury you sustained, the cause of the injury, and more.
- Pool Accidents
Pool accident injuries can be a premises liability case depending on the circumstances of the accident. Pool owners, like all property owners, could be found liable for the injuries sustained on their property if they did not take the proper precautions to prevent the injury from happening.
- Theme Park Accidents
People go to theme parks because they are supposed to be a fun and safe way to enjoy the day and get a thrill. However, if something goes wrong at a theme park, the consequences can be dire. Luckily, theme parks are prepared with insurance coverage in the case of accidents.
- How to Maximize Compensation for Premises Liability
Depending on the severity of the injury and type of property where the injury was sustained in an accident, the amount of compensation someone can recieve varies. In order to maximize the compensation you can receive from a premises liability claim, there are several important steps to take to build a strong case.
- Supermarket Liability
If you get injured in an accident on the premises of a supermarket, you might have a premises liability case on your hands. Supermarkets are responsible for providing their visitors with a duty of care that ensures their safety. The most common accidents in supermarkets are slip and falls.
- School Rules for Premises Liability
If someone is injured in an accident on school property, the school could have a premises liability case on their hands. Schools must follow certain protocols and ensure a proper duty of care to all of their visitors.
- Premises Liability at the Gym
You go to the gym to work out, not to get hurt. If you are injured in an accident on the premises of a gym, you could have a premises liability case on your hand. Gyms are required to offer a duty of care and ensure the safety of all of their visitors.
- Types of Visitors According to Premises Liability
One factor in determining the outcome of premises liability case is the type of visitor who was injured on the property. Was the person an authorized visitor invited, were they a trespasser, or were they a child? The type of visitor who is injured on a property can affect the liability claim.
- Poor Lighting Liability
Poor lighting on the premises can cause dangerous situations to occur. If you were injured in an accident on the premises due to poor lighting, you could have a premises liability case on your hands. Poor lighting is a form of negligence that is considered poor security.
- Premises Liability and Sexual Assault
If someone is a victim of sexual assault on a premises due to the lack of safety provided by the premises owner, they could have a premises liability case on their hands. Sexual assault can be caused by the negligence of a property owner who did not provide a duty of care to a visitor by lacking property security to keep them safe.
- Premises Liability and Death
If someone dies on a premises due to negligence of premises safety, this could be a premises liability case in which the owner of the property could be found liable.
- Los Angeles Duty of Care - Determining Who’s At Fault in Premises Liability Cases
Duty of care refers to the responsibility to ensure a safe visit to a premise. It is a property owner’s responsibility to upkeep property. In Los Angeles, this duty of care is extended to visitors to the property and any children, including trespassing children.
- Everything Business Owners Need to Know About Premises Liability
Running a business is a high maintenance job - it’s important to take care of matters on the front end and on the back end. This includes having business general liability insurance to cover accidents and injuries that occur on the business premises.
- Public Property Personal Injuries and Premises Liability
If any injury happens on public property, it occurred on government owned property. Filing a claim or a lawsuit against a government entity for a personal injury is handled a little differently from others claims involving accidents on other premises.