Premises Liability Attorney
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Have you been injured in a slip and fall accident in California OR injured on someone else’s property?
The legal theory of "premises liability" holds owners and occupiers of property legally responsible for accidents and injuries that occur on that property. The kinds of incidents that give rise to premises liability claims can range from a slip
& fall on a public sidewalk, injury sustained on private property, shootings in gas stations or convenience store, an injury suffered on a amusement park ride or any other injury sustained on public or private property.
The liability of owners and occupiers of property will vary depending on the legal rules and principles in place in the state where the premises liability injury occurred. In some states, the court will focus on the status of the injured visitor in determining the liability of the owner or occupier. In other states, the focus will be on the condition of the property and the activities of both the owner and visitor. (Note: an occupier or possessor of land, such as an apartment tenant, is treated in the same manner as a landowner in many situations.)
Legal Status of Visitor: Invitee, Licensee, or Trespasser
In states that focus only on the status of the visitor to the property, there are generally three different labels that may apply: invitee, licensee, or trespasser. An invitee is someone who is invited onto the property of another, such as a customer in a store. This invitation usually implies that the property owner/possessor has taken reasonable steps to assure the safety of the premises. A licensee enters property for his own purpose, or as a social guest, and is present at the consent of the owner. Finally, a trespasser enters without any right whatsoever to do so. In the case of licensees and trespassers, there is no implied promise that reasonable care has been made to assure the safety of the property.
In the state of California, premises liability law is based upon negligence, meaning if someone acted (or failed to act) in a manner that contributed to your injuries, that person or company, building or property owner/possessor may be held liable for your injuries. Premises liability laws help to determine who is responsible (at fault) for accidents that take place when a person slips and falls OR is simply injured on someone else's property, even if it was not a slip and fall incident.
We will handle your premises liability case on a contingency basis, meaning you pay NOTHING unless your case is won. Consultations are always free so call us to get your questions answered and to find out if you have a premise liability case. NO RECOVERY = NO FEE!
Who is responsible in a premise liability case?
(CALL US NOW AND WE WILL HELP ANSWER THIS QUESTION OVER THE PHONE.) Determining fault isn't always easy. Laws that fall under this category vary from state to state and local jurisdiction to jurisdiction. It needs to be established that the property owner or possessor was aware of a condition on the property but did not try to correct it (by not posting a warning sign or fixing/repairing the problem, etc.) That the property owner knew or should have known about the danger, since a "reasonable" person would have found the problem and taken steps to prevent injuries caused by the condition on the premises. (This is the most common situation, as it is not clearly defined and is determined based on common sense).
Victim of a Premises Liability? Contact us Now!