Premises liability is a term used in personal injury law to refer to the legal responsibility that property owners and occupiers have for injuries that occur on their property. Under California law, property owners and occupiers have a duty to keep their premises reasonably safe for visitors and customers, and to warn them of any known dangers.

When they fail to meet this duty, and someone is injured as a result, the injured party may be able to recover compensation for their damages through a premises liability claim.

 

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Types of premises liability cases

There are a variety of different types of premises liability cases that can arise. Some common examples include slip and fall accidents, dog bites, swimming pool accidents, and injuries caused by faulty construction or maintenance. In each of these cases, the key question is whether the property owner or occupier acted reasonably to prevent the injury from occurring.

Common Causes of Slip and Fall Accidents

What it takes to establish liability in a premises liability case

To establish liability in a premises liability case, the injured party must generally prove that the property owner or occupier was negligent. This means showing that they failed to act with the degree of care that a reasonably prudent person would have exercised under similar circumstances. 

 

In addition to proving negligence, the injured party must also show that their injuries were caused by the defendant’s failure to meet their duty of care. This means demonstrating that the defendant’s actions or omissions were a proximate cause of the injuries.

For example, if a construction company fails to properly secure a ladder, and a worker falls and is injured as a result, the worker may be able to recover compensation for their damages.

 

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Types of visitors

In California, property owners and occupiers owe different levels of care to different types of visitors. Visitors can be classified as invitees, licensees, or trespassers. Invitees are people who are invited onto the property for business purposes, such as customers or clients. 

Property owners and occupiers owe the highest level of care to invitees, and must take reasonable steps to ensure that their premises are safe for business visitors. They owe a slightly lower level of care to licensees, who are typically social guests. Property owners and occupiers owe no duty of care to trespassers, except in certain circumstances, such as if the trespasser is a child.

 

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