The Basics of Premises Liability in California

Property owners in California have a legal duty to ensure that dangerous conditions do not occur on the premises that they have control over that could result in injuries. If a property owner is negligent in the management of his or her property, that owner may be liable for damages to another who is injured while on the property. Even if a person is not the owner, California law can hold that person liable if he or she controlled the property involved in the injury and used it as his or her own.

To prevail in a premises liability case, a plaintiff has to first show that the property owner had a duty of reasonable care owed to the plaintiff that was not fulfilled.  In determining whether the owner used reasonable care, California juries can consider several factors including:

·      The location of the property;

·      How likely it would be for someone to come on to the property in the same way as the plaintiff;

·      The likelihood the harm that occurred;

·      The probable seriousness of that harm;

·      Whether the property owner knew or should have known of the dangerous condition that created the risk of harm;

·      How difficult it is to protect others against that risk of harm; and

·      How much control the defendant had over the situation that created that risk.

The negligence of property owners depends on the existence of a dangerous condition on the property. If there was such a condition that created a risk of harm, and the owner knew or should have known about it and failed to repair the condition, protect against possible harm, or give adequate warning, then he or she was negligent in maintaining the property. Nevertheless, if a dangerous condition was so obvious that a person can be reasonably expected to see it, then the property owner does not have the duty to warn others about that condition.

If you suffered injury because of a dangerous condition on someone else’s property, you may be entitled to compensation. Dejban Law can help you determine if you should pursue your case and the most effective legal strategy to prevail. Contact us now by email at info@dejbanlaw.com or by phone us at (818) 325-3820 for a free and confidential initial consultation.