Premises Liability in California: What You Need to Know
People are often injured when they are on the property of others. For example, you may be injured if you slip and fall due to a water puddle on the floor of your local home improvement store. You may trip down a broken staircase at your dentist’s office and break your arm. At a local stadium, you may be injured by a flying beer bottle and require a dozen stitches on your cheekbone.
If you are injured on someone else’s property, this is known as “premises liability.” Premises liability falls within the law of negligence. In California, a person who owns, leases, occupies, or controls property is negligent if he or she fails to use reasonable care to keep the property in a reasonably safe condition. Additionally, the person controlling the property must apprise others of dangerous conditions that are not open and obvious.
Other frequent accidents that fall under the premises liability umbrella include dog bites on another’s property, electrocution from defective wiring in an office building, injuries from a defective elevator, and similar types of issues. Who is liable in these kinds of scenarios?
Elements of Proof
To win a Premises Liability lawsuit, the plaintiff must prove:
- The defendant owned, leased, occupied, or controlled the property;
- The defendant breached their “duty of care” in the use or maintenance of the property;
- The plaintiff was harmed, and
- The defendant’s breach of their “duty of care” was a substantial factor in causing compensable injuries.
Note that when evaluating whether a duty of care was met, the judge or jury will evaluate what a reasonable property owner would have done in similar circumstances.
Also, note that different rules often apply to people who trespass. People who control property in California do not owe a duty to trespassers, though they may have certain obligations depending on the situation. It’s important to contact a San Luis Obispo attorney to understand what may be required here.
Damages Available to a Winning Plaintiff
A plaintiff who prevails in his or her case will be entitled to three kinds of damages. These include:
- Economic Damages – These include out-of-pocket expenses, including medical costs and fees, the cost of prescription or over-the-counter drugs, and other direct costs, such as hiring a home helper if one is necessary during the period of recovery or rehabilitation. In addition, your economic damages include any lost wages that were the direct result of the injury.
- Non-economic Damages – These types of damages are more difficult to evaluate as they are often intangible. They include pain and suffering, emotional distress, and loss of consortium (companionship).
- Punitive Damages – Punitive damages are infrequently awarded, but your lawyer may pursue them in the case of willful misconduct, intentional harm, or repetitive harmful behavior by the person controlling the premises.
Contact the Law Offices of Earl E. Conaway, lll
In most cases, you must file a premises liability lawsuit in California within two years from the date of injury. Thus, it’s important to contact a San Luis Obispo attorney as soon as possible to preserve all of your legal rights. Contact us today to see how we can help you with your premises liability claim.