Property owners in California should protect people from hazardous conditions on their property. They do this by maintaining their property and making repairs whenever appropriate. When a property owner fails to keep their property free from hazards or warn others about those hazards, someone who suffers damages within their premises can hold them legally liable.
According to California law, every property owner is responsible when someone suffers injuries because of their negligence or failure to exercise ordinary care in the management of their property. The premises should be reasonably safe for all guests and visitors. Otherwise, those hurt on the property can pursue a premises liability claim.
When can someone pursue a premises liability claim?
In any premises liability claim, the defendant must prove that the damages they suffered resulted from the defendant’s property mismanagement. Specifically, they were negligent and did not address dangerous conditions that caused you harm. Common premises liability claims come from preventable accidents, such as the following:
- Electrocution
- Slip-and-falls
- Trip-and-falls
- Dog bites
- Drowning
A property owner also must follow fire safety and building code regulations. Furthermore, their property should have adequate lighting and the structures should not be dilapidated. A ceiling collapse or broken staircase can cause critical injuries. When someone sustains injuries or damages on their property, that person can pursue a claim. However, someone else could also be liable.
Is the property owner always liable?
Sometimes it can be challenging to pursue a premises liability claim because the victim does not know whom to hold accountable. By default, it is the property owner, but someone who is leasing, renting, possessing or controlling the property at the time the accident occurred might also be liable. The injured person might even be able to hold multiple parties accountable for their injuries.