Lawsuits to recover injuries suffered by a person on someone else’s property are one of the most common types of suits. Commonly, these are called “slip and fall” lawsuits, although, more broadly, premise liability cases can include any type of injury suffered on someone else’s property. When you are hurt somewhere that is not your home or in public, it can be difficult to determine who is the responsible party, and if they are truly responsible for your injury.
California has a law governing premise liability, Civil Code section 1714(a), that essentially says “everyone is responsible for injuries to the public on their property if it was caused by a failure to take care of the property.” There are many cases that state this as well, e.g. Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666, 674 which says “It is now well established that California law requires landowners to maintain land in their possession and control in a reasonably safe condition.”
To bring a case for premise liability, you have to prove the following things:
- That the defendant owned/leased/occupied/controlled the property in question;
- That the defendant was negligent in the use or maintenance of the property;
- That you were injured in some way; and
- That the defendant’s negligence more likely than not caused your injury.\
To decide whether a property owner was negligent, i.e., that they failed to take reasonable care in making their property safe enough to avoid injuries, there are a number of factors at play, such as:
- Location of the property
- Likelihood that someone would be injured in that way that you were
- Whether the property owner should have known about the danger
So, for example, a party who owns a store that is heavily trafficked by customers will likely to be found to not have taken reasonable care of the property if someone slips on a grease spot on the floor. At the same time, a party who owns an isolated piece of property rarely visited by anyone from the public will be granted some leeway if someone is injured in a freak accident on the property.
With these issues in mind, an attorney can help you determine if you may have a valid claim, and, if so, against whom. If you believe you have a case for an injury you suffered on someone else’s property, please contact Hariri Law Group at 619-363-2889 for a free consultation. We look forward to speaking with you regarding your case. San Diego personal injury lawyers. *Disclaimer: Every case is fact specific. In order to properly assess your case please contact one of our experienced attorneys.