Whether you are visiting a residence or a business, you do not expect to suffer injuries due to hazardous conditions. Property owners have a duty to make sure that their premises are safe for visitors by either making repairs or providing warnings. For example, if a grocery store employee sees a spill on the floor, he should clean it up to prevent a customer from slipping and falling, if it can’t be cleaned up immediately, the store needs to warn their customers of a dangerous condition by placing a yellow cone to warn their customers. Similarly, if the owner of a mall sees that an escalator is not working, it should arrange for the escalator to be fixed and put up orange warning cones to alert customers not to use the escalator. If you are hurt on someone else’s property, you should consult a Folsom personal injury attorney at Black & DePaoli to explore your options. Based in Folsom, our experienced attorneys can guide you through the legal process.
Bringing a Premises Liability Claim in California
Premises liability is a type of negligence in which an owner of real property has a duty to use reasonable care in managing the property in order to avoid exposing others to risks of injury. Property owners need to take affirmative steps to protect others, rather than just avoiding creating risks. Failing to satisfy this duty is considered negligence.
To establish a premises liability claim in California, a plaintiff must prove by a preponderance of the evidence that the defendant controlled the premises as its owner, leaseholder, or occupier, that the defendant negligently used or maintained the premises, that the plaintiff was injured, and that the negligence was a substantial factor in causing the injuries.
You will need to show the owner’s actual or constructive notice of a dangerous condition. This means that the owner must actually know about a dangerous condition, such as a missing step, broken balcony, or substance on the floor, or that it should know about it based on the exercise of reasonable care. A property owner may not avoid the notice requirement by never inspecting the property for dangers. Instead, a property owner is expected to inspect the property regularly enough to notice if there is something in need of repair or warnings.
Due to the notice requirement, you are more likely to be able to recover compensation if a dangerous condition has existed for some time without being fixed. A store is not expected to immediately know about a spill and cannot absolutely insure a customer’s safety. However, for example, if something spills in the freezer section of the grocery store, and the substance sits there for 15 hours so that you fall the next morning, the grocery store may be deemed to have had constructive notice of the dangerous condition.
Victims who are able to prove a premises liability case can potentially recover many forms of compensatory damages, such as medical bills, lost wages, household services, out-of-pocket expenses, loss of enjoyment, and pain and suffering.
Retain an Experienced Folsom Personal Injury Attorney
California premises liability attorney Travis G. Black is a former insurance adjustor who understands the mindset of adjustors and who can bring his experience to bear in your personal injury case. At Black & DePaoli, we provide knowledgeable legal representation from our Folsom office to many people who have been injured in slip and fall accidents. Contact us online or call us at 916-962-2896 to set up a free consultation with a personal injury attorney.
- Slip and Fall
- Defective Property Conditions
- Retail Store Accidents
- Restaurant Accidents
- Child Injuries on Property
- Uneven Pavement
- Faulty Handrails and Stairwells
- Elevator and Escalator Accidents
- Gas Station and Convenience Store Accidents
- Slip and Fall Accidents in Parking Lots
- Ditch and Pothole Accidents
- Poor Lighting
- Building Code Violations