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| 11271 Ventura Blvd. |
| Suite 473 |
| Studio City, CA 91604 |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Warner Center Towers |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Watt Plaza |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Fashion Island |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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Premises Liability Claims
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Premises liability law involves the legal responsibilities of property owners and occupiers to prevent injuries to persons on their property. One of the most common causes of such injuries is a trip or slip and fall. Property owner liability varies depending on the rules and principles adopted in the jurisdiction where the injury occurred.
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Premises Liability: General Principles
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Some state premises liability laws focus on the status of the visitor to the property. In such states, the injured person is generally defined as either an invitee, a licensee, or a trespasser.
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- [Invitee. An invitee is someone who is expressly or impliedly invited onto the property of another. The owner owes the invitee the highest duty of care, which includes taking every reasonable precaution to ensure the safety of the invitee.]
- [Licensee. A licensee, by contrast, enters the property for his or her own purposes but is present at the consent of the owner. The owner is required to warn a licensee of hidden dangers, but is not necessarily required to fix them.]
- [Trespasser. A trespasser enters the property without any right whatsoever to do so. In the case of adult trespassers, the owner generally has no duty of care and need not take reasonable care of his property or warn of hidden dangers. Even if a person was trespassing at the time of his or her injury, he or she may still be able to recover, however, if he or she can show that the owner knew it was likely that trespassers would enter the property.]
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Children are owed a higher duty of care, regardless of whether they are considered trespassers. A landowner has a heightened duty to warn with respect to children.
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In states where consideration is given to the condition of the property and the activities of the owner and visitor, a uniform standard of care is applied to both invitees and licensees. This uniform standard requires the exercise of reasonable care for the safety of visitors other than trespassers. To satisfy the reasonableness standard owed to invitees and licensees, an owner has a continuing duty to inspect the property to identify dangerous conditions and either repair them or post warnings as appropriate.
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Owner Liability
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In proving a premises liability case, an injured person must show that the standard of reasonableness required by an owner has not been met. Perhaps the most difficult element an injured person must prove is whether the owner had knowledge of the condition that caused the injury. The injured person must prove that the owner knew or should have known the condition in order for liability to attach, which is often quite often difficult to establish.
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Defenses
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One of the commonly applied theories to limit the recovery of an injured person is comparative or contributory fault. A visitor has a duty, in most cases, to exercise reasonable care for his or her own safety, and when that degree of care is not exercised, then the recovery of an injured person may be limited or reduced by an amount attributable to his or her own negligence.
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The property owner may also avoid liability by establishing that the condition causing the accident had so recently occurred that the responsible persons had no reasonable opportunity to correct the condition and avoid the hazard before the accident. For example, in a grocery store where someone is injured after slipping on a pickle juice, the grocery store may try to avoid liability by explaining that the pickle jar had fallen and broken only moments earlier, preventing the store from having enough notice or time to clean up the spill before the plaintiff fell. In other words, the plaintiff may need to show that the owner had a reasonable period of time in which to discover the dangerous condition and in which to remedy it. The determination of what constitutes a reasonable time will vary from case to case.
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Although common accidents, premises liability lawsuit can present complex legal issues and complicated questions of both fact and law. In which case, before accepting any settlement, it may be advisable to consult with a local attorney.
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Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary consultation on your personal injury legal needs.
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Q: What is a "catastrophic" injury?
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A: Injuries are often called "catastrophic" when the physical injuries to a person are especially severe, and require extensive medical treatment. The injuries may involve damage to the central nervous system, and this may affect other bodily systems or functions. Catastrophic injuries include, but are not limited to: Spinal cord injuries; Paralysis; Brain injuries; Amputations; Burns over a large portion of the body; Loss of an eye; Injuries to the nerves in the chest, shoulder, and arm (brachial plexus); and Multiple fractures.
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Q: Are catastrophic injuries permanent?
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A: Not all catastrophic injuries are permanent. Those injuries that are not permanent will usually take a very long time-months, or years-to reach a full recovery. In some cases, especially those involving children, the actual extent of the injury may not be known until much time has passed after the accident. Emotional injuries may also be a problem for a long time after the physical injuries have healed. The effects of a catastrophic injury may linger for a long period of time.
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Q: What may cause a catastrophic injury?
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A: Catastrophic injuries may be caused by almost any type of accident. Catastrophic injuries may result from: Motor vehicle collisions; Construction accidents; Fires; Sports injuries; Farm machinery accidents; Workplace accidents; and Defective products. Almost any accident can result in catastrophic injury. It is the misfortune of the victim that decides if an injury is catastrophic.
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