When Accidents Happen: California Premises Liability

This post is written on behalf of Law Offices of Mauro Fiore, Jr.

California residents expect that the places they go to are safe. Be it the grocery store, an art museum, a theater, their doctor’s office, or any other place, they do not expect the property’s maintenance and upkeep to be so poor as to present a danger to their health or safety. If, however, they are injured, such as by falling on a wet floor or sidewalk, or if, for instance, one of their vehicle’s tires is ruined because of a jagged pothole in the parking lot, they may wish to sue for monetary damages.

As FindLaw explains, the doctrine of premises liability holds that the owner and/or operator of a property is liable for any accidents and/or injuries that occur on their property. In other words, an owner and/or operator has an affirmative duty to exercise reasonable care in maintaining the property so that it presents no hazards for visitors.

What must be proven

A premises liability lawsuit is a civil suit against the person(s) and/or entity responsible for the property. The plaintiff is seeking money damages to compensate him or her for injuries sustained while at the property.

Per California’s Civil Jury Instructions, the plaintiff must prove the following four things in order to prevail in a premises liability lawsuit:

  1. The defendant was the owner, lessee, occupant or controller of the property.
  2. The defendant maintained or used the property in a negligent manner.
  3. The plaintiff was injured while on the property.
  4. The defendant’s negligence was a substantial factor that caused the harm to the plaintiff.

Proving these four things entitles the plaintiff to receive monetary damages. Such damages generally are to compensate the plaintiff for his or her pain and suffering and all expenses associated with the injuries sustained.

No Fee Unless We WIN!

Get your free case review by calling now.
Free Consultation

Share this post with your friends

Share on facebook
Share on google
Share on twitter
Share on linkedin
brands making autonomous vehicles liable for accidents?

Who Is Liable In A Self-Driving Car Accident?

The steady rise of the self-driving car is a marvel of modern engineering. Every day, companies like Amazon, Apple and Tesla continue to advance the technologies that will allow autonomous vehicles to make decisions independently. While many appreciate the idea of a car that doesn’t need a driver, there’s a serious debate over the safety

Read More »
criminal minds tv show sexual harassment lawsuit

Sexual Harassment: California Makes An Example of Criminal Minds Backers

While most of the entertainment industry is quiet right now, one huge piece of news dropped recently. The state of California has filed a first-of-its-kind lawsuit against the long-running show Criminal Minds. The Department of Fair Employment and Housing is suing every studio and executive producer involved with the show on accusations of shielding director

Read More »
uber lyft drivers recognized as employees employment lawyer los angeles

Uber and Lyft Drivers Are Now Officially Recognized as Employees

Uber and Lyft, who for years were able to skirt minimum wage, payroll tax and other requirements, have found themselves on a dead-end street thanks to action by the California Public Utilities Commission (CPUC). In a serious defeat for the mega rideshare companies, a new ruling has been passed forcing them to treat drivers as

Read More »
covid-19 premises liability lawsuits attorneys los angeles

Coronavirus Lawsuits On The Horizon As Businesses Put Patrons At Risk

The COVID-19 pandemic has put everyone in the country at risk of infection. However, life must still go on. It’s still necessary to get food, medicine, and other important supplies. That means that one way or another, leaving home and heading to the grocery store or pharmacy is unavoidable for most people. The least these

Read More »
Scroll to Top

Our Phone lines are open!

Get your
questions answered immediately by a Los Angeles attorney