Imagine visiting a friend’s house for a casual get-together when you slip on their wet kitchen floor and hurt your back. Suddenly, your evening of fun turns into a painful ordeal. What happens next?
The good news is California premises liability laws allow you to claim damages for an injury while in someone else’s property.
This article discusses premises liability in California, so you know what your rights are and how to protect them.
What is Premises Liability?
Premises liability is the legal duty of property owners or residents to ensure that no injuries or accidents occur in their property due to hazardous conditions. If you’re injured in someone else’s property, you may have the right to hold the property owner liable based on the following elements under California Civil Code section 1714(a).
1. Legal duty of care: Property owners must maintain a safe environment and warn those visiting it of any known dangers. This duty extends to anyone lawfully in their property.
2. Breach of duty: A breach occurs when the property owner fails to address or warn about unsafe conditions. This element can include things like wet floors, broken stairs, or other hazards.
3. Proximate cause resulting in injury: There has to be a direct line from the breach of duty to your injury. You have to prove that the unsafe condition directly caused your injury.
4 Respective Responsibilities of a Premises Owner (Based on Visitor Type)
Premises liability examples include dog bites, swimming pool accidents, and slip-and-fall incidents. However, the owner or occupier’s obligations toward you depend on whether your legal status is an invitee, licensee, etc.
1. Invitee
An invitee is a visitor invited to a property for activities relating to business or commerce, such as a customer in a store. Invitees can expect the highest duty of care from property owners, including regular inspections and prompt repair of any hazards.
Employees and contractors also fall under the invitee umbrella. Employers must make the work environment safe by adhering to occupational safety standards and giving warnings for non-obvious dangers.
2. Licensee
A licensee may be a guest who enters the property for a purpose with the owner’s permission. The owner must warn licensees of known dangers that are not immediately obvious. Unlike invitees, licensees are not typically entitled to the same level of proactive safety measures.
For instance, a homeowner who knows of a loose step on their porch but doesn’t warn and injures their guest may be liable. However, the duty of care is lower than that owed to an invitee, focusing primarily on known hazards rather than actively inspecting for potential dangers.
3. Trespasser
A trespasser is a person entering a property without permission. Generally, property owners owe a limited duty of not causing intentional harm to trespassers through any of these measures—setting a trap to injure a trespasser, using excessive force against the trespasser, or knowingly exposing a trespasser to dangerous conditions or hazards.
When people trespass on certain land regularly, the property owner is expected to anticipate dangerous conditions that could be injurious and may be liable if they don’t place warning signs or take other measures to prevent injury.
4. Children
In other parts of the country, there’s a duty to give ample warning and take reasonable precautions for property features that may appeal to children, even those not authorized to be on the property. It’s called the attractive nuisance doctrine. However, Beard v. Atchison saw it removed in California in the 1960s.
California property owners’ general duty is to implement reasonable property safety measures on attractive nuisances—ponds, pools, animal pens, and other tempting fixtures—that children might trespass to access.
Compensation in a Premises Liability Claim
The average settlement in a premises liability claim can vary wildly, but the median in the country is approximately $90,000, according to the Department of Justice.
However, this figure will generally depend on the severity of the injury’s effect on you. For example, RMD Law once won over $1 million in a premises liability slip-and-fall case.
Here are some expenses that are accounted for during premises liability settlement negotiations:
1. Medical bills
Calculating your medical bills includes expenses related to the injury, such as hospital stays, surgeries, medications, and physical therapy.
2. Pain and suffering damages
This form of repayment is for the physical and emotional pain caused by the injury. Compensations are estimated based on trauma, anxiety, and the impact on your overall quality of life. The RMD Law case above resulted in brain damage for the plaintiff, which is part of the reason why the damages awarded were so high.
3. Lost wages
If the injury prevents you from earning, you may be able to claim compensation for lost income during your recovery period. This sum also includes potential future earnings you cannot have due to long-term disability.
Safety First, Premises Liability Compensation Next
Property ownership entails legal responsibilities. While unfortunate, you could encounter a hazard and sustain injury while in someone else’s property. Your rights always include a reasonable expectation of safety and just compensation from property owners who disregard their duty.
If you’ve been considering filing a premises liability claim and need an attorney who will be with you for every step of that process, reach out to us at RMD Law. Contact our seasoned attorneys for a free case evaluation.
- The Art of Settlement Negotiations 4 Facts for Beginners - November 12, 2024
- Premises Liability 101: What Happens When You’ve Been Injured in Someone’s Property - November 6, 2024
- Defensive Driving: How to Stay Safe on the California Roads - July 24, 2024
