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Status of the VictimLand 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.
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 Ultimate Guide of lip Trip & Fall injuries– Slip Trip & Fall
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- 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.
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.