Premises Liability
The Law Office of Michael D. Waks is experienced in handling premises liability cases.
The term "premises liability" refers to the liability of certain persons or entities for injuries and damages to others arising from the ownership or possession of real property. In California, premises liability is based on general principles of negligence and is controlled both by statute and case law.
As in any other negligence action, the injured person must establish the following:
- The existence of a duty on the part of the defendant to use due care;
- A breach of this legal duty; and
- The breach as the proximate or legal cause of the resulting injury.
Premises liability actions have traditionally involved "slip and fall" or "trip and fall" causes of action. Premises liability is not, however, limited to such causes of action and includes, among other things, construction accidents, dog bite cases, lead poisoning, defective and/or inoperative lighting, failure to warn of hazardous conditions, and injuries caused by the negligent or willful conduct of third persons on the premises involved.
In determining who is liable in a premises liability action, the crucial elements are ownership, possession, and control of the premises as well as the existence of a dangerous condition. The persons who own, possess, or control the premises can be responsible for injuries arising from a condition of the premises. A premises owner simply allowing others to use his land for recreational activities without charge cannot be held liable for injuries of a recreational user caused by the owner's negligence. However, if the owner charges a fee for the recreational use of his property, the owner can be held liable for injuries of a recreational user caused by the owner's negligence.
If you have been seriously injured as a result of the negligence of a premises owner, you need to hire an attorney who has a thorough understanding of premises liability law. Just because you were injured while on someone else’s property does not automatically make them responsible. You must prove all of the elements required under the law to be entitled to compensation. It is imperative that you hire an attorney immediately to obtain pictures, measurements and have the area inspected by a qualified expert before the land owner makes changes to the accident site. If you wait too long your case could be destroyed.
