If you are invited over to someone’s home, you can make the reasonable assumption that you will be safe while you are there. If you are on someone’s property as a salesman or to complete work you’ve been hired to do there, you should also be able to assume that the premises are safe. A premises liability case is usually founded on the negligence of the owner of the home, building, or land. However, there is much more to this type of personal injury case, so let’s look a little deeper.
What is a Premises Liability?
The term premises liability is used to describe the responsibility of the homeowner or landowner to keep their property safe for both themselves as well as anyone who may come onto the property, whether they are friends or family, or they are there to work. If there is a danger posed to anyone who comes onto the property or into the structure, and the owner of the home or land should reasonably have known it was a problem, they may be held accountable in a premises liability case.
Premises Liability Case Types
While slip and fall cases can happen at both a residence or a place of business, there are other types of premises liability cases that are typically found only in a business environment. These can be injuries caused by a lack of maintenance in the building, a malfunctioning elevator or escalator, or even inadequate security services that leads to someone becoming a target of violence.
A premises liability case may also arise due to swimming pool accidents, dog bites, or even inadequate maintenance of a residence. Improper maintenance could be a failure to fix a weak floor after water damage from a roof leak or any number of things. Always keep in mind that the California statute of limitations applies to a personal injury case such as premises liability.
Property Owner Negligence
To be able to hold the owner of the home or property liability for injuries sustained there, they usually need to be found negligent. Negligence occurs when the responsible party would reasonably know that there is or was an issue that needed to be fixed, and they didn’t perform the necessary repairs. Negligence can also be determined if the problem that caused the injuries would have been found through regular maintenance.
Invitee vs. Licensee
You can assume that the homeowner has invited you into their home or onto their property if you are family or friends, or even a neighbor. This means that the owner has given you a right to be on the property, and with that right, you should also be able to assume your safety while there reasonably.
A licensee, on the other hand, is a person who has a right to be there either as a salesman or a repairman. These types of visitors to the property should assume they will be safe while on the property, but the property owner has a right to tell you of any dangers they need to be aware of. If the person is aware of the danger, then the owner does not have liability for injuries sustained due to the danger.
If you have been injured on property owned by someone else, whether that property was a residence or a place of business, it’s important to learn about your available options as well as what steps you should take going forward. A premises liability case can sometimes be awkward, especially if the liability has fallen on a friend, relative, or neighbor. This is why you need a personal injury lawyer with the professionalism to handle the case tactfully. Be sure to email Martin Gasparian at martin@maisonlaw.comto schedule a free consultation to learn more.
