Property Owner Responsibility for Premises Liability in California
Premises liability is a legal practice of personal injury law. It typically involves a person injured by unsafe conditions on another’s property. As such, courts may base a personal injury case on the contributory negligence of the property owner. Winning a premises liability case against an owner is challenging. It is a type of situation that involves proving that the property owner was irresponsible concerning ownership or maintenance of the property. Speaking with a California premises liability attorney can help you devise specific strategies related to your case.
Duty of Care on Behalf of the Property Owner
California is a state that protects its citizens and visitors. Holding a standard of exercising reasonable care and maintenance of the property when someone comes to visit us is the primary tenet of premises injury prevention.
However, we are not held to unreasonable standards. Our state classifies property visitors into three separate categories:
- Invited guests and visitors;
- Licensed contractors; and,
Each group of visitors is subject to different state laws. Courts consider the intent or purpose of being on the property to make a sound and reasonable decision at the civil torts level.
Here are a few considerations regarding the laws that apply to each type of visitor under premises liability law:
A guest is somebody who has the landowner’s approval to enter the residential or commercial property. Guests are individuals we know like good friends, loved ones, and neighbors. The owner should be able to provide reasonable care to keep the home safe for the invitees.
A licensee is somebody who has real or implied consent to go into the residential or commercial property. However, he or she is entering the residential or commercial property for his or her own purposes. Licensees are individuals like electric workers, solicitors, postal carriers, and other such individuals. In this case, the property owner owes the visitor less consideration than a guess but should maintain the outside of the home, walkways, sidewalks, driveways, and porches.
A trespasser is someone who is not authorized to be on the residential or commercial property. Traditionally, owners have zero responsibility to trespassers unless the individual is a child. For example: if the landowner has a swimming pool that was not gated, and a child falls and is injured, even if the child was trespassing, the responsibility of not providing a barrier falls on the shoulders of the owner.
Only a licensed attorney can help you understand that legal aspects of your case. By providing him and her with as much information as you possibly can, then you will likely have a good understanding of where the ball is rolling after your first consultation.
Find Out More About How a California Premises Liability Lawyer can Help
Premises liability law is complicated, time-consuming, and expensive. At Deldar Legal, our team of California personal injury lawyers work tirelessly to make sure families and injured people receive the benefits they deserve. You can schedule a free consultation in one of our offices located throughout the state by calling (844) 335-3271 or sending us a message through our request form.
Posted in: Personal Injury