There are certain situations that California residents do not expect to be in; one of those being a fall incident occurring at the property of another. The thing is that the average person enters the property of public and private property owners very frequently; therefore, it should be a possible scenario whether it is purely accidental or based on the negligence of a property owner.
It happens on a weekly basis. You enter someone else's property. Whether it is a private residence, public store or a government building, visitors of a property tend to be under the impression that the property is safe, and there are no risks of harm while they remain on the property. Unfortunately, some risks are not apparent to patrons. If a property owner fails to correct or warn against any known or potential dangers, this could result in serious harm to a visitor.
California landowners have an obligation to keep their property safe for others who come on it for legitimate purposes and, at least to some degree, even those who do not have permission to be on the land.
As a tenant living in an apartment in San Bernardino, you may believe you can sue your landlords for anything that goes wrong with your apartment that results in an injury. There are certain issues that property owners are responsible for that can affect the habitability of their properties and tenant safety. If they fail to handle those issues properly, you may have a claim for compensation. Here is a breakdown of what you should know about premises liability.
In premises liability cases, many other states in the country still distinguish between whether an injured person had permission, either expressed or implied, to be on the property where their injury took place. The idea is that landowners should not have the same obligation to make the land safe for someone whom they may not even know is there and who certainly does not have permission to be on the property.
The short answer is, it depends. Wait, you might think, “aren’t school entrusted to protect my child? How can they evade responsibility?” You are right; schools are required to care for the students while they are under the care of the school. But the law also recognizes that the school cannot be liable for every injury sustained on campus because of circumstances beyond the school’s control.
The short answer is, it depends. Wait, you might think, "aren't school entrusted to protect my child? How can they evade responsibility?" You are right; schools are required to care for the students while they are under the care of the school. But the law also recognizes that the school cannot be liable for every injury sustained on campus because of circumstances beyond the school's control.
Premises liability is a variation of the tort theory of negligence. Negligence allows anyone to recover for the harm they suffer due to the negligent actions (or inactions) of another person. Premises liability deals specifically with injuries that occur on real property (i.e. land and buildings). This post will go over the basics of premises liability and how it is treated by the states.
Premises liability refers to the class of cases in which liability arises because a person incurred an injury on the premises of another. Unfortunately, premises liability is subject to a variety of misconceptions and myths. A previous post sought to dispel those myths. This post will continue addressing and the dismissing the rest of the typical misconceptions.
Premises liability suits are prone to many different myths and interpretations. Some of these myths are due to media exaggerating the implications of a certain case or simply misunderstanding the law. Many states adhere to the traditional premises liability rules which can be confusing, even for attorneys. This post will go over the common premises liability myths to ensure that you don't fall for one of them.