Premises Liability Claims In Oceanside, CA
Seek Compensation With The Help Of A Personal Injury Lawyer
Premises liability is an area of law that concerns the safety of individuals while on public or private property. Property owners have a responsibility to ensure that their premises are safe for visitors, either by repairing potential hazards or posting appropriate warnings.
How Premises Liability Claims Work
In premises liability claims, the property owner assumes the role of defendant. However, the plaintiff's or victim's role in these types of claims is complicated by the circumstances that determine why they were on the defendant's property when they were injured.
These situations include:
- Invitee: When explicitly invited onto the property as a guest of the owner, the owner is responsible for ensuring the safety of the invitee. Property owners have the greatest degree of responsibility for ensuring the safety of those who are welcomed onto the property. For example, if a customer slips and falls on a wet floor, it would need to be determined if the owner provided customers with warning of the potential hazard.
- Licensee: As a licensee, the plaintiff is allowed onto the defendant's property for the purpose of conducting personal business. In this capacity, the property owner's responsibility is limited. He or she is only required to warn the licensee of any potential hazards but is not required to repair them.
- Trespasser: In the case of a trespasser, the plaintiff is on the owner's property without permission. Often, a trespasser is a burglar or thief. Though the property owner may still be held liable for any injuries that a trespasser suffers while on the property, the defendant typically benefits from a greater degree of leniency under these circumstances.
Filing A Premises Liability Claim
Property owners are required to ensure the safety of their premises by making sure that visitors are cautioned when necessary. Ideally, however, the owner should see to the proper maintenance of the property to prevent any potential hazards from appearing. Though many premises liability accidents result in minor cuts, scrapes, bruises, or the occasional broken bone, more serious injuries include brain or spinal cord injury, or even death.
The Kohn Law Office has successfully handled many cases involving slips and falls, including claims made by a department store shopper who slipped on liquid from a broken snow globe, a homeowner who fell from her home's second-story bedroom window due to a poorly designed wrought iron railing, and bicycle riders who fell and suffered serious injuries due to an unmarked speed bump and a raised utility manhole in a bike lane.