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Premises Liability Archives

Dog bites can be a premises liability issue in California

Premises liability lawsuits are often thought of in regards to someone getting injured on someone else's property due to a dangerous or hazardous condition. However, there are some situations in Orange County in which a dog presents that dangerous condition.

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?

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.

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?

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 who owe such a duty.

Premises liability can lead to wrongful death

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 to a wrongful death. 

Theme park avoids responds to premises liability through change

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.

Is assumption of risk a defense to premises liability?

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.

Does the "attractive nuisance" doctrine still apply in California

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 were harmed.

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