California’s premise liability laws impose a duty of care on owners and occupiers of property to keep conditions in a reasonably safe condition. This duty of care requires that owners and occupiers of property exercise reasonable care to maintain and inspect their property; make necessary repairs to any potentially hazardous conditions; and/or provide sufficient warning of any dangerous or hazardous conditions.
If a property owner is negligent in maintaining their property in a reasonably safe condition, they may face potential liability for injuries suffered by another person as a result of their negligence. Negligent maintenance of property may lead to liability for slip and fall. In California, a property owner may be liable for a slip and fall if he or she knew or should have known about a dangerous condition on the property which he or she owns or controls, and he or she fails to repair, protect against or give sufficient warning of the dangerous condition.
In a slip and fall claim, a plaintiff may be entitled to compensatory damages which may include: medical bills, lost wages, lost earning capacity, and pain and suffering. In order to recover damages, a plaintiff has the burden to establish that the defendant owned, occupied, or controlled the property; the defendant was negligent in maintaining the property; the plaintiff was harmed as a result of slipping or falling on the property; and the defendant’s negligence was a substantial factor in causing harm.
A slip and fall accident may happen at any time, and injuries can be severe. If you or someone you know has been harmed as a result of a slip and fall accident, you are urged to contact the appropriate legal counsel to understand your rights for recovery.
Authored by Scott D. McDonald, Esq.
Scott McDonald is a California native who graduated from Pepperdine Law School in 2008. He has been aggressively litigating cases in Personal Injury and Bankruptcy Law for nearly a decade. Mr. McDonald prides himself in being anything but a “typical” attorney. His unique and very personal approach to practicing law has helped numerous clients obtain their goals and get the legal relief they need.
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