Understanding Premises Liability Laws
California premises liability laws generally require property owners within the state to provide reasonably safe conditions for those who live, work at and/or visit their properties. While these laws dictate that California property owners have a responsibility to maintain safe properties, the laws also require owners to warn people of potential hazards on their property to minimize the possibility of accidents and injuries.
Unfortunately, however, not all property owners are diligent about living up to these legal obligations. And their violations can cause serious harm to others.
At the Law Office of Pius Joseph, our Pasadena attorneys are skilled at holding negligent property owners accountable when their actions – or inaction – injure others. Known for our experience, dedication and record of success, our lawyers will work relentlessly to help you pursue all available legal remedies if you have been hurt at a dangerous property.
California Premises Liability Laws: Property Owners’ Duty of Care
When accidents happen on others’ property, determining whether the owner of that property had a duty of care to the injured party will be the first step in figuring out whether the injured person has a case. In evaluating when a duty of care exists, the following issues should typically be considered:
- Was the harm or accident foreseeable and preventable?
- Were any actions taken to mitigate the risks or warn property visitors about them?
- Did the injured person have a right to be on the property?
- Did the injured person do anything to contribute to the accident?
In general, when it comes to property owners’ duty of care, California laws state that:
- This duty cannot be delegated to another party, like a contractor.
- This duty is owed to anyone with a legal right to be on the property. It is not, however, owed to trespassers.
- The duty can be greater for children, who may lack the capacity to foresee risks and/or dangers.
California Premises Liability Laws: Establishing Liability
To prove a premises liability case, California law generally requires that the following three facts be established:
- The property owner had a duty of care to the injured party.
- The duty of care was breached.
- The breach resulted in the injuries suffered.
Although premises liability cases often involve slip and falls or trip and fall accidents, they can also include (but are by no means limited to):
- Construction accidents
- Dog bites and attacks
- Skylight, roof and/or balcony collapses
- Swimming pool accidents
- Failures to provide adequate security or lighting.
California Premises Liability Laws: More Important Information
- Filing deadlines – California laws provide two years for accident victims to seek financial recovery via premises liability cases. In other words, there is a two-year statute of limitations for premises liability claims in California.
- “Responsible” parties – Although property owners are often the parties liable when accidents occur on their property, it may also be possible for property managers, landlords, homeowners associations and other entities to be liable when dangerous property conditions cause accidents and injuries.
Contact a Pasadena Personal Injury Lawyer at the Law Offices of Pius Joseph
If you have been harmed due to the dangerous conditions at a property, contact a Pasadena personal injury lawyer at the Law Offices of Pius Joseph for answers about your best options for financial recovery.
Call our firm at (626) 397-1050 or email us via the contact form on this page to schedule a free, no obligations initial consult with one of our lawyers and find out more about how we can help you.
From offices based in Pasadena, we provide superior representation and service to injured people throughout Los Angeles County, San Bernardino County, Riverside County, Orange County, San Diego County and the state of California.