When you visit another person’s property, whether it is a restaurant, grocery store, amusement park, or someone’s home, you expect that the premises are safe for visitors. If a property owner or occupier fails to warn others of hazardous conditions on their property and an accident occurs, they may be liable for damages.
Premises liability extends to fitness facilities, including onsite gym injuries caused by defective equipment or inadequate supervision.
At Deldar Legal, the experienced premises liability attorneys have represented many clients throughout California in their claims for compensation following an accident on another person’s property. Call or contact us today to learn more and schedule a free evaluation of your case.
California Premises Liability Laws
California law imposes a duty on all property owners and occupiers to keep their premises reasonably safe for others. This duty of care extends to anyone who owns, leases, occupies, or controls the property.
Parties liable in a premises liability lawsuit include homeowners, business owners, tenants or renters, property management companies, parent companies, retail centers, restaurants, amusement parks, stores, bars, and theaters.
Unlike other states that differentiate between the type of visitor to the property, California law does not. Under the law, those responsible for a premises have an affirmative duty to fix hazardous conditions and warn visitors of possible dangers on the property.
An owner or occupier must exercise ordinary care in maintaining the property and cannot use ignorance of an issue as an excuse. When determining whether a person knew or should have known about the hazard, the court will consider the following factors:
- The obviousness of the hazard
- Prior complaints about the dangerous condition
- Length of time the hazard has existed
- Prior injuries caused by the dangerous condition
- Poor attempts to fix the hazard
Compensation for a Premises Liability Claim
If a person is injured in a premises liability case, the victim may receive compensation for economic and noneconomic damages.
Economic damages include payment for all out of pocket expenses caused by the accident, including all medical bills, property damage, lost wages, and the loss of future income and benefits. Noneconomic damages compensate the victim for their pain and suffering, emotional distress, scarring, disfigurement, disability, and loss of enjoyment of life.
In addition, the victim in a premises liability case may be entitled to additional punitive damages. Punitive damages go beyond economic and noneconomic damages and are meant to punish the property owner or occupier for their actions.
Punitive damages are allowed only if the victim can show that the owner or occupier’s reckless actions caused catastrophic injury or death, destroyed evidence of liability, or caused the accident or injury. These additional damages are meant to deter other premises owners and occupiers who would consider similar actions on their property.
For a step-by-step guide on protecting your rights after an accident on someone else’s property, read our article on what to do after a slip and fall accident in California.
FAQ
Property owners, landlords, business operators, and property managers can all be held liable if they failed to maintain a safe environment. Liability depends on who controlled the property at the time of the accident.
Common cases include slip and falls, inadequate security, dog bites, pool accidents, and injuries caused by unsafe property conditions. These claims apply to homes, businesses, and public spaces across California.
You must show the property owner had a duty of care, failed to fix or warn about a dangerous condition, and that negligence directly caused your injury and damages.
In most cases, you have two years from the date of the injury to file a claim. Acting quickly helps preserve evidence and strengthens your case.
Call or Contact Our Office
If you would like to learn more about the wide range of legal services offered by Deldar Legal to our clients with premises liability claims or to receive a free evaluation of your case, call or contact our office today.
