Premises Liability
In California, property owners are legally required to anticipate, identify, and address potential safety hazards on their property. The have a duty to inspect their property for hazards and fix them. They are obligated to ensure that their premises are safe for visitors, tenants, and guests. While they are not responsible for every incident that happens on their property, they can be held liable for accidents and injuries that result from their failure to maintain reasonably safe conditions. If you’ve been injured on someone else’s property, Traut Injury Law has the experienced team to evaluate your case and maximize your compensation.
At Traut Injury Law, we have represented hundreds of clients who have suffered injuries due to hazardous conditions on someone else’s property. Premises liability claims arise when property owners fail to maintain safe environments for visitors, leading to incidents or injuries. These cases can occur in residential, commercial, or public spaces and encompass a variety of hazardous conditions and scenarios.
Common Types of Premises Liability Cases
Slip and Fall Accidents
- Wet or slippery floors
- Uneven or broken sidewalks
- Stairways in bad repair
- Poor lighting
- Debris in walkways
- Overly worn carpet or tile
- Broken or inadequate handrails
- Loose or broken stairs
- Loose electrical cords
- Area rugs
Incidents Involving Defective or Broken Equipment
- Malfunctioning escalators or elevators
- Defective swimming pool pumps
- Unsafe electrical wiring
- Faulty rehabilitation or exercise equipment
Negligent Security Cases
- Assaults due to poorly lit parking lots
- Lack of locked doors
- Broken security cameras
Illness or Injury from Hazardous Conditions
- Toxic exposure (e.g., dangerous materials or unclean air filters)
- Fires caused by property owner negligence
- Exposure to asbestos or lead-based paint
- Seasonal decorations that create tripping or fire hazards
Property Owners’ Legal Obligations
Property owners have a legal duty to ensure that their premises are reasonably safe for visitors. This duty may vary depending on the status of the visitor:
- Invitees: Property owners owe the highest duty of care to invitees, such as customers in a store. They must regularly inspect the property, repair hazards, and warn invitees of any dangerous conditions.
- Licensees: Social guests or individuals who enter a property for their own purposes are owed a duty of care to be warned of known hazards that the owner is aware of.
- Trespassers: While property owners generally owe limited duties to trespassers, they must avoid intentional harm and address attractive nuisances that could harm children (e.g., unsecured swimming pools).
Failure to meet these obligations can result in liability if injuries occur.
Comparative Fault in Premises Liability Cases
In some cases, the injured party’s own actions may contribute to the accident. Many states follow comparative fault laws, including California, which reduce the compensation an injured party can recover based on their percentage of fault. For instance:
- If a victim slips on a wet floor but was distracted by their phone, the judge or jury may assign partial fault to the victim.
- If a visitor ignores visible warning signs or barriers, they may bear some responsibility for their injuries.
Our experienced attorneys thoroughly investigate each case to demonstrate the property owner’s negligence and minimize any claims of comparative fault. In many instances, Traut Injury Law will retain experts, including safety engineers to determine if the condition is unreasonably dangerous.
Seeking Justice for Injured Clients
If you or a loved one has been injured due to unsafe conditions on someone else’s property, our firm is here to help. We will evaluate your case, hold negligent property owners accountable, and work to secure the compensation you deserve for medical expenses, lost wages, pain, and suffering.
