In the state of California, the term “premises liability” refers to the liability that a person may have if another is hurt on their property. The idea of premises liability is dictated by state law. When a person is sued after another is injured on their property, they are said to have been negligent.
As in any other case where negligence is called into play, there are elements that must be proven. These include:
- A duty of care on the part of the defendant to ensure that the premises were free of hazards
- A breach of that duty of care
- The breach of that duty of care ultimately resulted in harm or injury to another person that could have been avoided
Most premises liability cases involve slip and fall or trip and fall incidents. Premises liability is not limited to this type of action. Dog bite cases, construction accidents and other issues can be taken to court under the guise of premise liability in certain cases.
Determining who is responsible in a premise liability action depends on ownership, possession and control of the premises. Typically, the person named in the lawsuit will be the owner of the property. In the case that the owner of the property left the premises under the care and control of another, that person may be named.
Any person who owns or manages a property has a duty to ensure that any visitors to that property are safe from harm. If the property owner fails to ensure that the property is not hazardous, they can be sued for negligence.