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...

Did you know that it is your legal right to expect the premises of any California facility will be cared for and free of liabilities that could be potentially harmful? Safety precautions should always be made by business owners and building owners to keep everyone who is in the space safe. Not taking precautions or installing the proper equipment can lead to an injury quickly and financially ruin a business. Premises liability can even lead...

A popular Orange County theme park has responded to customer lawsuits by initiating changes to its rides and facilities. When confronted by allegations of hazardous conditions, management of the park took immediate steps to repair or completely renovate the ride or area of the property where accidents and injuries could occur. Unfortunately, owners of a huge regional shopping mall or a small neighborhood retail store cannot be counted upon to take the same approach to...

Generally under California law an owner or occupier of land owes a duty of reasonable care toward others who are on the property; a failure to exercise such reasonable care to avoid foreseeable injury can result in the owner or occupier becoming liable under the legal theory of premises liability.Owners and occupiers of property have over the years tried different legal defense theories to avoid being held liable in premises liability cases. One such theory...

For many years the law in California that governs a property owner's liability adhered to the precept that the legal status of the person who was injured on the property made a difference. The law classed people who entered onto the property of another into categories such as "invitees" or "licensees" or "trespassers" -- all depending on what degree of permission, if any, they had to be on the property of the landholder where they...