Premises Liability refers to the body of law that holds a property owner, or any person in possession of the property liable for damages suffered on their premises. In reference to “possession of property,” this can include any person who: (1) is in occupies and intends to control the property (2) has occupied with the intent to control the property, and no other person has followed or (3) is entitled to instant possession of the property and where no other party is entitled to such rights.
Premise Liability claims can stem from a several types of accident including slip and fall (most common type of injury), dog bite and animal attacks, dangerous property conditions, or construction accidents.
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Status of the Victim
Land owner or possessors liability varies greatly depending upon the classification of the victim. Generally, all visitors fall into one of three categories:
Invitee: An invitee is owed the highest duty of care. They are any individual who is either expressly or impliedly invited to another person’s premises for their mutual benefit.
The Ultimate Guide of lip Trip & Fall injuries
Licensee: Any individual who enters the premises at the owner or possessors consent for a non business or commercial purpose. The most common example is a social guest. In order to recover as a licensee, a victim must establish (all three):
- The owner or possessor knew or should have known of the dangerous condition, and should have known that it created an unreasonable risk of harm, and likewise should have known that the plaintiff would fail to discover the dangerous condition
- The owner or possessor did not make the condition safe or failed to warn the licensee of the condition
- The licensee did not know of the dangerous condition or the risks involved.
Trespassers: Unlike an invitee or licensee, a trespasser enters premises without the property owner or possessor’s consent. Generally, no duty is owed to a trespasser. However, in situations where the possessor knows of potential trespassers, he or she must give reasonable warning for dangerous conditions, but only for artificial conditions, and only if the condition is not obvious.
Premises Liability Places:
Premises liability can take place in many different locations in California. Recently, Night Club premises liability claims due to injuries sustained in those night time leisure establishment has witnessed a rise. Premises liability personal injuries also take place in.
- Supermarket: failure to clean up after a spill leading to a slip and fall accident
- Shopping Centers and Malls:
- Movie Theater: given the dark environment if spilled objects on the floor are not picked up by the movie theatre cleaning crew.
- Playground: many children suffer from brain injuries including permanent brain damage from falls in playgrounds
- Sporting Arenas: Sports facilities and stadiums such as the Staple Center, Home Depot center in Carson, Dodger stadium
- Restaurants, bars, lounges, and nightclubs. Fast Food Establishments such as McDonalds, Taco Bell, Carl’s Jr.
- Amusement Pars and Theme Parks: Amusement parks like Disney Land and Knotts Berry Farm in Orange County, Magic Mountain in Santa Clara, Universal Studios.
- Water Parks: Raging Waters, Hurricane Harbor. Also Pool Drownings during pool parties in private homes of public facilities.
Should I sue for my Injuries
If you’ve been injured, you must first tend to your wounds and heal your injuries. Seeking vindication of your rights is our job. At Downtown LA Law Group our Los Angeles Slip and Fall Injury Attorneys are skilled and knowledgeable in general personal injury laws and specifically premises liability laws.
Our aggressive and tenacious Slip & Fall Accident Lawyers will keep on the offensive until they make sure you have been fully compensated for your injuries and vindicated for your loss. We will go to trial and take on liable parties and their insurance carriers’ so that your rights are protected.
We will take care of every legal detail and make sure you achieve the highest compensation possible for your loss; in the meantime, concentrate on the most important part of this process – your recovery.
Who do I contact
Remember that it is crucial to act quickly after you’ve been injured to report any accident-injury claim before any limitations can lower or extinguish your rightful claim.