Law Office of Michael D. Waks

In a typical premises liability case, an injured accident victim must prove the property owner was negligent in living up to his legal standard of care.  The victim (plaintiff) has the duty of showing the owner (defendant) failed to correct or warn about a dangerous condition the defendant knew about or reasonably should have known existed.  There are different kinds of evidence that can show a condition was dangerous and that the property owner was liable for … [Read more...]

When people enter a property they have the right to expect the property is reasonably safe.  Property owners have a legal obligation to make sure visitors don't get hurt by unsafe conditions.  The specific obligations a property owner has to protect each visitor is defined by premises liability law. A visitor is called a property entrant, and under California law there are three primary categories of property entrants.  Traditionally, the category an entrant fell in determined what specific … [Read more...]

When someone throws a party, they assume some degree of responsibility for making sure their premises are safe.  A homeowner or a renter should not invite people over to a building that has dangerous conditions.  When a property owner has guests over to an unsafe space, the property owner can become responsible for any injuries and losses that result. It is possible to recover compensation for injuries sustained at a friend's party if your friend failed to fulfill a duty he or … [Read more...]

The California Swimming Pool Safety Act establishes rules for securing swimming pools to prevent drowning accidents.  Swimming pools are considered an attractive nuisance, which means they can entice children or trespassers onto a property and can be dangerous to those trespassers.  Because of the significant risk, a pool presents to children, homeowners and other property owners with pools must ensure they are following all safety regulations and taking appropriate precautions to prevent … [Read more...]

One of the most misunderstood terms used by personal injury lawyers is "premises liability." Although people think it is interchangeable with slip and fall accidents, premises liability is actually the broader category that includes slip, trip and falls. According to the National Floor Safety Institute, slip and falls account for over 1 million visits to the emergency room each year, so it is understandable that people are most familiar with that type of accident. Premises liability … [Read more...]