Tag Archives: injuries on property
More Facts About Comparative Negligence
Earlier this week, we defined comparative negligence and explained, in general terms, that comparative negligence can reduce a plaintiff’s recoverable damages by an amount proportionate to the plaintiff’s negligent “fault” in the incident that caused the injury or damage. Today, we’re taking a look at some more specific rules which govern comparative negligence in California. COMPARATIVE… Read More »
The Recreational Use Exception to Premises Liability
RECREATIONAL USERS OF LAND GENERALLY USE THE LAND AT THEIR OWN RISK “Recreational” land use includes a variety of activities, including (but not limited to): picnicking, walking, hiking, climbing, trekking, hunting, fishing, camping, ATV or snowmobile use, horseback riding, parachuting, and exploring. Recreational use also includes entering land for general enjoyment of the site… Read More »
What Do You (Need to) Know About Property Dangers?
“Foreseeability of harm” is a critical component of premises liability, and part of the foreseeability question involves the owner’s knowledge of dangerous conditions. Property owners* are not “insurers” of safety. They do not provide a blanket insurance or guarantee that visitors to the property they own or control will not suffer injury. However, where the… Read More »
What Factors Impact the Landowner’s Duty Under Premises Liability Law?
Several factors govern whether or not the owner (or possessor) of real property has a duty to act and/or mitigate possible hazards under premises liability law. No single factor is dispositive. A court evaluating whether or not liability exists will balance several factors when deciding whether or not the defendant land owner (or tenant,… Read More »
Ownership, Possession, and Control: the Keys to Premises Liability
Many people think premises liability is only a concern for land “owners” and landlords. In reality, the legal duties which give rise to premises liability may occur when a person has ownership, possession, or control of real property – meaning that it’s not only landlords and owners of land who may be at risk. The… Read More »
