Premise liability refers to the responsibility of a property owner or manager to take all reasonable steps to ensure the safety of a property. If the safety of that property is not maintained and injury or death results from that neglectful circumstance, then the owner or party responsible for the property can be held accountable.
In California, the incident must include three factors to qualify for a premise liability claim:
- Existence of a duty on the part of the defendant to use due care
- A breach of this legal duty
- The breach as a cause of the resulting injury
This means the possessor of the land must have been able to predict the possible harm to the victim and must have neglected to take action to protect possible victims from that harm. Finally, the inaction on the behalf of the property possessor must have resulted in actual harm to someone.
Often premise liability claims are filed for “slip and fall” incidents. Other claims include dog bites, construction accidents and injury/death caused by the negligent or intentionally dangerous behavior of a third party on the premises.
Premises liability claims are difficult cases to win. They require a strong amount of proof of the defendant’s ability to prevent the accident and subsequent inaction. Victims need an experienced lawyer with the resources to pursue an in-depth investigation and the skill to take the case to trial, if necessary.
If you or a loved one are the victim of an injury suffered on the premises of another property owner, please contact our office and speak with a member of the firm. The applicable statute of limitations is likely already running, so timing can be critically important to your case. Contact us today for a free, no obligation, confidential legal consultation.
Inland Empire & Southern California Malpractice Attorneys Located in Redlands, CA Serving clients in: San Bernardino County | Riverside County | Los Angeles County | Orange County | San Diego County
Raynes Erickson, Attorneys at Law focuses its practice on the legal representation of clients who are victims of medical malpractice, catastrophic injury, or wrongful death. Contact us today to learn more about your legal rights and how our litigation team can help you receive the compensation you deserve.