The most common forms of premises liability claims are the result of a slip and fall accident or trip and fall accident caused by uneven or broken pavement, bad playground equipment, falling merchandise, poor lighting, or falls from a ladder, scaffold, or lift. Slips and falls are no laughing matter; they result in serious injury and death every year. Senior citizens are at most risk for slip and fall accidents that can take away their independence, health and well-being. When you or a loved one has been seriously injured in a slip and fall accident, it is important to contact an experienced attorney to learn how you can recover damages.
Property owners have a general duty to prevent others from getting hurt on their property. This includes commercial properties, private residencies, vacant lots, amusement parks, supermarkets, grocery stores, shopping malls, parking areas, elevators, or escalators; however, liability can depend on whether or not the person on the property who gets injured was invited and, if so, for what purpose. It must be determined whether or not the person who was injured was trespassing, a guest, or there for business purposes. An experienced California slip and fall accident attorney can help you determine if you can hold a property owner responsible for injuries you sustained on their property.
Trespassers
A trespasser is someone who is on another’s property without permission. Generally, a property owner owes no duty to a trespasser, except for certain situations. If the property owner knows that there is frequent trespassing on a specific area of his or her property, then he or she has a duty to make the area reasonably safe. Any hazards must be removed or the dangers must be warned of. If a property owner fails to post proper signs or does not make their property reasonably safe, they may be held liable for injuries sustained by people who trespass on their property.
Guests
Guests are people who have the owner’s or occupier’s consent to be on the property, but do not have a business reason for being there. A property owner has no duty to inspect for unknown dangers before inviting guests over; however, if the property owner or occupier knows of a dangerous condition, he or she must warn the guests of that danger. Failure to warn guests of potential hazards may make a property owner responsible for injuries their guests receive as a result of a dangerous condition.
People with Business Purposes
People who are invited onto the property for the business advantage of the property owner, such as shoppers at a mall or retail store, are considered to be there with a business purpose. This can include customers and repairmen, among others. A person does not necessarily have to conduct business, or buy something, to qualify. Generally, such a property owner has a duty to inspect their property for potential hazards and warn people of possible dangers. Failure to do so may make them legally responsible for any injuries that occur on their premises.
If you or a loved one has been injured in a slip and fall accident, it is important to contact an attorney right away. The more time that passes, the more opportunity property owners will have to fix the scene where your accident occurred. Our attorneys have a proven track record of success in slip and fall accident injury cases. We’ll help you collect the evidence you need to hold negligent property owners responsible for injuries you sustain on their property.
Contact our California premises liability lawyers at 877-742-5290 for a free case review.