PREMISES-OCCUPIER LIABILITY
Law Offices of Capp and Marsh-(888) 558 6275
The term "premises liability" refers to the liability of certain persons 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. Merely owning or occupying the land does not in of itself make the landowner liable for injuries sustained upon his land.
Basically, as in all negligence actions, the injured party is required to prove that the Defendant acted negligently and they suffered loss, damage, and injury as a result.
Premises liability actions have traditionally involved "slip and fall" cases, such as when an individual slips on a supermarket floor. Premises liability is not, however, limited to such cases and includes, among other things, exposure to hazardous materials, construction accidents, dog bite cases, workplace injuries, swimming pool accidents, 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 the duty owed, and hence the liability, of a premises owner or occupier, it is crucial to determine the exact relationship between the landowner or occupier and the injured party. For example, it is crucial to determine what was the purpose of the injured party's visit to the premises. Was the visitor a customer, upon the premises of a business operator-such as a customer in a store or a fee paying guest? Was the visitor simply a social guest upon someone's land for a non profit social function, such as a yard party? Finally was the injured party a trespasser?
Furthermore, it is essential to distinguish between the
liability of the owner of the property and the occupier-such as a tenant operating
a business from the premises.
The landowner's duty to protect a visitor from injury, and degree of
responsibility, differs based on the status of the occupier and the
visitor.
If you have been seriously injured as a result of the negligence of a premises
owner, then a full case analysis by an experienced attorney will be required to
determine whether you can recover from the property owner or occupier.
WHAT TO DO IF YOU HAVE BEEN INJURED UPON THE PREMISES OF ANOTHER?
1. Immediately contact the manager of the premises and report what has happened and request that a report be made;
2. If there are any witnesses to the incident, take down their names and contact details;
3. If injured, seek medical treatment immediately
4. Never sign anything or make any statement until you have spoken with an attorney;