Tag Archives: premises liability
Who Can Be Held Liable For Premises Liability?
WHO IS LIABLE (AND WHO IS PROTECTED) UNDER PREMISES LIABILITY LAW? Premises liability law is often used to protect the rights of tenants or visitors who are injured or whose property suffers damage while visiting or doing business on someone else’s property. Generally speaking, the duty to repair and maintain property and improvements arises… Read More »
Negligence in Property Maintenance: Premises Liability
WHAT IS “PREMISES LIABILITY”? Premises liability is a branch of negligence law that relates to the way real property, and the buildings and other “improvements” on real property, are constructed, maintained, and managed. As the name suggests, premises liability law deals with the way people (and businesses) that own, manage, or possess property may… Read More »
Showing “Causation” in Premises Liability Cases
CAUSATION IS A MANDATORY ELEMENT OF A PREMISES LIABILITY CLAIM. Like most negligence causes of action, premises liability claims require a plaintiff to prove four basic elements: 1. The existence of a duty on the part of the defendant (generally, a property owner, but also sometimes a person or entity in possession or control of land). 2. The defendant’s breach… Read More »
Are Land Owners Legally Liable For Contractors’ Injured Workers?
If you hire a contractor to perform work on your property, and one of that contractor’s employees gets injured on the job, are you liable? Today’s blog examines this important question. GENERALLY, LAND OWNERS ARE NOT LEGALLY LIABLE FOR INJURIES SUFFERED BY THE EMPLOYEES OF INDEPENDENT CONTRACTORS HIRED TO WORK ON LAND. In California,… Read More »
The Duty to Warn of Dangerous Conditions on Property
PEOPLE WHO OWN (OR POSSESS, OR CONTROL) REAL PROPERTY HAVE A DUTY TO WARN OTHERS OF DANGERS AND HAZARDOUS CONDITIONS. As with all of the duties and obligations in premises liability law, the duty to warn applies not only to landowners and landlords, but to anyone who owns, possesses, or controls real property. People responsible… Read More »
People Have a Duty to Maintain Property And Eliminate Hazards
People who own, possess, or control property have a legal duty to maintain the land (and buildings or other structures on it) in reasonably safe condition. Many times, the duty is described as a “landowner” duty, but in reality it applies to people other than landlords and property owners alone. Anyone who has possession or… Read More »
What Duty Do Landowners Owe to Trespassers?
COMMON LAW RULES ABOUT “TYPES OF ENTRY” NO LONGER GOVERN PREMISES LIABILITY CLAIMS. Originally, California law held landlords and property owners to a different standard depending on the reason an injured person originally entered the defendant’s property. The highest level of duty was owed to “invitees” – people the owner “invited” or welcomed onto the land. The… Read More »
Can Former Owners Be Held Liable For Dangerous Property Conditions?
GENERALLY, PREVIOUS OWNERS OF PROPERTY ARE NOT LIABLE FOR INJURIES OCCURRING AFTER TRANSFER OF OWNERSHIP. Premises liability is a negligence-based cause of action (claim) which allows injured people to recover damages (normally, money) in return for injuries caused by dangerous conditions on land or, in appropriate situations, buildings and other fixtures or improvements constructed on land. In… Read More »
Who Can Be Held Liable For Dangerous Property Conditions?
Premises Liability is a legal cause of action holding landowners, or people in possession and control of real property, legally liable for injuries and damage caused by certain kinds of dangerous conditions. PREMISES LIABILITY APPLIES TO PEOPLE WHO OWN OR CONTROL REAL PROPERTY. Liability for dangerous conditions on land (and certain types of fixtures,… Read More »
An Overview of Premises Liability
WHAT IS PREMISES LIABILITY? Premises liability is a tort (a legally recognized wrong) and a form of negligence. Premises liability claims arise when people or property are injured due to a dangerous condition on or caused by real property (land and certain fixtures affixed to land). When a person is hurt or property damaged as a result… Read More »
