What Is Premises Liability Law? What Accidents And Injuries Does It Include?
Premises Liability are accidents or injuries that occur on another person’s property. For example, somebody could trip at your home, fall and hit their head. It could be a trip and fall at your home or business, or a slip in a grocery store because somebody failed to clean something up. It can be somebody putting a chain over a driveway at a business without adequate signage and somebody driving over it.
Anytime somebody does something or fails to do something on their property that they have a legal duty to do to keep other people safe falls under the rubric of Premises Liability Law. That means the persons who own or operate the premises can be sued for the dangerous condition on that premises that they knew of or had a duty to know about. For example, a child runs through a sliding glass window with untempered glass or accidents that happen on school grounds because a faulty gate closes and amputates a child’s finger. It can be any kind of accident, injury or even intentional act that happens on a premises or a property. Your attorney will assess whether there is liability.
What Is Comparative or Contributory Negligence? Would It Be Applicable In These Cases?
Comparative negligence or contributory negligence are basically ways of saying the same thing, which is that the person who slipped, fell, or got injured on the premises is in part their own fault. For example, if somebody is walking down the sidewalk, steps into a hole, and twists and breaks their ankle, the defense is likely to say, “You’re comparatively at fault because you failed to keep a proper lookout for the hole.” The person who was injured is going to say, “You should have filled that hole, I didn’t see it, and therefore you’re wholly responsible.” These are comparative and contributory negligence which applies in premises liability cases. It’s often alleged as a defense by the party who is being sued for their negligence and can apply in any manner. For example, a person falls into a pool and is severely injured. People can say, “We had a fence up. Your child got through the fence because you weren’t supervising your child.” That’s a claim of comparative or contributory negligence which could amount to a defense. It depends on the circumstances of every case.
What Damages Might Be Available In A Premises Liability Settlement?
The full scope of damages that are available in any accident are available in premises liability lawsuits as well. The only way we measure damages in our civil society is by payment of money, generally speaking, on injury cases. Potentially, the damages are available through insurance. Just like automobile insurance, there’s homeowner’s insurance, business insurance, and premises liability insurance. The damages are what happened to the individual as a result of the other party’s actions or failure to act as a reasonable property owner. Those damages are available to the person who is injured.
What Are The Top Misconceptions People Have About Premises Liability Claims?
The most common misconception occurs when somebody believes they can’t sue because it happened on their family’s property or at a friend’s house. They feel like nothing can be done or are too willing to accept full responsibility when someone else is actually responsible for their injury. They feel guilty and yet they are suffering greatly due to another person’s negligence. They may also believe that they can always recover if an injury happens on another person’s property. This can be a very complex area of the law and liability must still be proven. For example, at a grocery store, the injured party must prove that the store knew or failed to exercise reasonable diligence to know about the danger that caused the injury. In public parks and recreation areas, there are also exceptions to liability. Please see your attorney for evaluation of the merits of your case.
For more information on Premises Liability Claims In California, a personal case evaluation is your next best step. Get the information and legal answers you are seeking by calling (714) 769-1200 today.