Premises Liability

How can I prove premises liability in a California lawsuit?

If you have been injured on someone else’s property, you may have thought about filing a lawsuit seeking compensation for your damages. In California, there are specific laws that govern these claims.To be successful, you will have to prove each of the following:        That the property owner owed you duty of care       That the owner failed to provide that duty of care       That your injury stemmed from that failureGenerally, a property owner has a duty...
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What is a storeowner’s duty of care to customers?

In a situation where a customer slips and falls while on the premises of a retail store, and the fall results in compensable injury, the possibility for the victim to file a premises liability lawsuit against the storeowner exists. But to prove his or her case, what standard of care to ensuring the safety of its patrons does the plaintiff need to establish on the part of the store owner? A general standard of negligence...
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California premises liability law vs. sovereign immunity

It used to be that the expression "You can't fight city hall" carried more weight than it does today. That was because of a long-standing legal doctrine known as "sovereign immunity," which held that as a general rule it was difficult if not impossible to sue a government acting in that capacity, or a government agency. Although the sovereign immunity defense used to be broadly applied to preclude lawsuits against the government, the modern trend...
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Can schools be liable for a student’s injuries?

As any parent knows, accidents happen. Unfortunately, accidents can happen when your child is at school. Some accidents are truly just accidents, such as your child tripping in the hall or bumping his head on a desk. But what if your child is injured because of a dangerous condition on the school property? Can a school be legally responsible for these types of injuries? Under the theory of premises liability, business and property owners can...
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What does “possession or control” mean for premises liability?

It can be tempting, when one considers the subject of premises liability, to think that the duty of care that extends to others on real property belongs to the owner of that property. But while it is true that a property owner does have a duty to maintain property in a reasonably safe condition, a closer examination of how California courts have interpreted premises liability law shows that property owners are not the only ones...
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