Embedded within the realm of personal injury, California's premises liability laws safeguard those visiting others' properties. At Fiore Legal, your trusted and experienced premises liability lawyers in Pasadena, we advocate for you as a dedicated ally, committed to your cause and ready to fight on your behalf.
California Premises Liability Laws
California Civil Code 1714 outlines liability for injuries caused by another’s negligence. Property owners who fail to repair dangerous conditions or warn others about them are negligent if they knew or should have known about the dangers.
A California court can find that the owner was negligent in the maintenance or use of the property under these conditions:
- There was an unreasonable risk of harm associated with a condition on the property
- The owner knew of or should have known about it if exercised with reasonable care
- The owner failed to remedy, prevent, or warn of the condition adequately
For example, a retail store has wet and slippery floors, creating an unreasonable hazard of slipping and falling for customers. The store owner is responsible for discovering the risk, warning customers by posting signage, and cleaning the floor to remove the spill as soon as possible. However, property owners are not liable for damages caused by minor, trivial, or insignificant defects. This principle is a trivial defect defense that could be subject to legal interpretation and requires you to prove the defect.