Tag Archives: property hazards
Property Claims Against Public Entities: Foreseeability & Fault
PREMISES LIABILITY-STYLE CLAIMS AGAINST PUBLIC ENTITES MUST INCLUDE PROOF OF FORESEEABILITY. In order to recover on a claim for injuries received or damaged suffered on public property, a plaintiff must prove (among other things) that the dangerous condition of the property created a reasonably foreseeable risk, not only of injury, but of the type… Read More »
Are Business Owners Responsible for Sidewalks?
BUSINESS OWNERS ARE NOT GENERALLY OBLIGATED TO MAINTAIN OR REPAIR PUBLIC SIDEWALKS In California, the general rule states that property owners and managers have no duty to repair, maintain, or mitigate hazards occurring on public sidewalks, even if those sidewalks are immediately adjacent to the property owner’s business. This is because most sidewalks are owned by… Read More »
The Landlord’s Duty To Keep Property Safe for Tenants
LANDLORDS HAVE A LEGAL DUTY TO KEEP RENTAL PROPERTIES REASONABLY SAFE. The general rule in California states that every landlord has a legal duty to keep the properties (s)he owns “reasonably safe” for tenants and others who do or might enter the property. Also, the law considers anyone who visits a rental property to… 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 »
The Plaintiff’s Liability for Engaging in Dangerous Behaviors
WHAT IS “ASSUMPTION OF THE RISK”? The legal doctrine known as “assumption of the risk” states that a plaintiff’s right to recover damages from an otherwise negligent defendant may be reduced–or barred altogether–if the plaintiff “knowingly and voluntarily” accepted the risks associated with the (usually dangerous) activities that resulted in the plaintiff’s injuries. In… Read More »
Are Homeowners Liable for Dangerous Sidewalks?
GENERALLY, PROPERTY OWNERS HAVE NO DUTY TO MAINTAIN OR REPAIR PUBLIC SIDEWALKS California law generally does not hold property owners liable for the failure to repair, maintain, or clean public sidewalks adjacent to their homes or business properties. This liability may be created by statute, but in the absence of a specific law requiring… Read More »
Dangerous Conditions on Public Lands
PRIVATE PLAINTIFFS GENERALLY CANNOT SUE GOVERNMENT ENTITIES Most government entities, including those which control public lands, are immune from liability. These governmental defendants be held liable for injuries which occur on the land they own or control only if a statute authorizes the lawsuit. The primary source of government liability for injuries occurring on… 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 »
A Shocking Hazard Homeowners Can’t Forget
Many homeowners take the time to clean up hazardous substances and clear off tables before young children visit, but a surprising number forget that a dangerous hazard lurks in every wall. Unprotected or outdated electrical outlets can injure not only children, but guests and family members too. Inspect all outlets regularly, and consider the… Read More »
Sprinklers, Standing Water, and Slip and Fall
Generally speaking, homeowners are liable for injuries (and deaths) which result from foreseeably dangerous conditions on the property. Unfortunately, many Homeowners overlook subtle conditions which can create dangerous hazards to visitors, family members, and others. SLIP AND FALL INJURIES ARE COMMON AND FREQUENTLY LITIGATED Slip and fall accidents represent one of the most common… Read More »
