Under the State of California’s premises liability laws, an owner of property is under a duty to exercise ordinary care in the management of the premises to avoid exposing persons to an unreasonable risk of harm. An individual who owns, leases, occupies, or controls a premises can be found negligent under the following conditions:
- Has failed to use a reasonable care in the use or maintenance the property, including failing to keep the property in a safe condition; or
- Has failed to use a reasonable care in identifying unsafe conditions that need repairing, replacing, as well as providing appropriate warning of hazards that could reasonably cause harm to others.
When deciding whether the lessor, occupier, or owner used reasonable care, a civil court will consider the following factors as well as any other factors the court deems relevant:
- Location of the premises;
- The likelihood that any person would visit or come on to the property
- The likelihood of danger or hazard;
- The probability of serious harm;
- Whether the owner or property caretaker knew or should have known of the condition that created a risk of harm;
- The degree of difficulty in protecting against this type of harm; and/or
- The property owner or property caretaker’s ability to control the condition that caused the harm.
A premises liability action can involve a wide-range of legal situations, that include pool accidents, dog bites, and slip and falls. Also, premises liability claims against Public Entities have different standards and exemptions.
Damages Available through a Premises Liability Claim
- When a premises liability claim is proven, financial restitution can be awarded to the victim for the following:
- Cost of medical treatment, including past and present medical expenses
- Past lost of wages or profits and future earnings or profits
- Loss of quality of life
- Emotional distress
- Physical pain and mental suffering, including past and future
- Punitive damages, in some cases where there is proven fraud, malice or oppression
Statute of Limitations for a Premises Liability Claim in the State of California
In California, generally the statute of limitations for a premises liability claim (injury to a person) is two (2) years from the injury. In the event that the claim is filed after the statute of limitations has expired, the case will be time-barred.
There are a few exceptions to this rule and tolling of the statute of limitations varies depending on the circumstances. For instance, in the event that the victim is making a claim against a government entity, the claim must be filed within six (6) months of the injury. Additionally, if the injured victim is under 18 years of age, the statute of limitations generally will not begin to run until he or she turns 18.
When Injured While in Another’s Premises, Speak to a Well-Versed Attorney
Premises liability cases filed in California are often times complex. There are many different areas of law that could come into play when filing a case. If you or someone you know was injured while in another’s property, speak to an experienced attorney in order to ensure your rights are protected.
This article was published by Knez Law Group. The personal injury lawyers at the Knez Law Group, LLP in Riverside, CA have a strong reputation of ensuring their client’s receive the compensation they deserve following an accident caused by another’s negligence. Following a premises liability accident, many victims face financial distress. If you were injured while in another’s property, contact the attorneys at the Knez Law Group, LLP today for more information on how you can receive the financial compensation you truly deserve.
