Premises Liability in California: Understanding a Duty of Care

Accidents that lead to injuries can happen to anyone at just about any location. There are certain situations, however, in which a person can suffer injuries due to the carelessness of a property owner or the property’s operator. Both property owners and property operators have an immense amount of responsibility when it deals with the conditions of the property. These parties owe a duty of care to the visitors who enter the property, so that they are not exposed to any dangers or hazards within the property compounds. While not every hazard can be covered in its entirety, the property owners and property overseers have a duty to reasonably deter hazards that can be preventable.

If you or someone you know has been injured due to the carelessness of a property owner or the property’s caretaker, seek the advice and support of a qualified premises liability attorney who can help you. While this article will focus on the importance of a duty of care, there are other elements that are required in order to successfully file a premises liability claim. Speak to an experienced premises liability attorney who can guide you through your available options.

Duty of Care When it comes to Premises Liability Injury Claims

The term duty of care can seem easy and straightforward to understand. For instance, the property owner and/or the property operator needs to practice the use of reasonable care in order to:

• Make the discovery of potential hazards,
• Repair these potential hazards,
• Make the discovery of existing hazards,
• Repair these potential hazards, and/or
• Warn others of the possible or existing dangers in the conditions of the premises in order to prevent any possible injury.

While these elements may seem straightforward, a premises liability claim becomes complex when attempting to understand under what degree does the property owner or operator have the responsibility or duty of care. To understand the complexity, consider the following questions:

1. To what extent should the property owner or property operator inspect the property?
2. To what extent should he or she inspect the property in order to avoid being held liable for any injuries occurring in the premises?
3. Should the property owner and/or operator make all reparations in order to avoid injuries? If so, should the expense be disregarded in order to maintain a completely safe premises?
4. Under what conditions or to what degree should the victim be expected to avoid potential hazards?

Unfortunately, there is no formula to arriving at the correct answer. This means that every case will be different depending on the elements surrounding it. The State of California, under the California Civil Jury Instructions, outlines a few basic elements of what is expected from a property owner or property caretaker.

Get Legal Representation

Premises liability claims can be difficult and complex. If you or someone you know has suffered injuries due to an incident that happened on another person's property, seek the advice and support of a qualified attorney. An attorney with the right experience can guide you through the process and ensure that you give your claim the best opportunity at being successfully processed.

PersonalInjuryLaw.Guru is a great resource for obtaining an experienced premises liability attorney. The attorneys listed on our website are dedicated to assisting those who have suffered injuries due to the negligence of another party. We have manually verified that each lawyer on our directory has a practice focused on personal injury law, and award the attorneys with the highest qualifications a "Verified Guru" badge. This helps you narrow your search to attorneys that have already been vetted by a reliable 3rd party source.

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Premises Liability Lawyers in California
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PersonalInjuryLaw.Guru Staff