As any California resident knows, sometimes accidents just happen. This could occur because one is clumsy, careless or even negligent. However, other times accidents occur because another party is negligent. This unfortunately could be the case when you enter the property of another. Whether it is public or private property, a property owner could be held liable for a slip-and-fall accident that results in injury.
We often enter the properties of others. Whether it is when we enter a store, an office building, the post office or a friend's house, we are relying on the owners of these buildings to ensure that they are safe. Although we rarely question the safety of these locations, the reality is that many dangerous conditions are not obvious and apparent. Regardless of the type of danger, if it could have been noticed or fixed by the property owner, an injured visitor could hold the property owner liable.
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.