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California Premises Liability Law
California has paved the way in premises liability case law and precedent, prompting many other states to follow a similar approach to determining liability when a person is injured while on the property of another.
Premises liability law is highly fact-intensive and the outcome of your case will hinge on the particular circumstances surrounding your injury. If you were recently injured in a slip-and-fall while on someone else’s property, you may have a valuable claim for damages if that person permitted a dangerous condition on the property.
Premises liability cases are decided under the legal doctrine of negligence. In order for a plaintiff to prevail in a negligence cause of action, he or she must prove (1) the defendant owed a duty of care; (2) the defendant breached that duty of care; (3) the breach of care actually and proximately caused the plaintiff’s injury, and; (4) the plaintiff was damaged either financially, physically, or both. Premises liability cases primarily involve slip-and-fall situations, but many other scenarios are also included in this area of the law. Common premises liability actions involve injuries on or near construction sites, dog bites, or negligent conduct by a third party causing injury to the plaintiff.
California courts look at a number of factors when deciding premises liability cases, and your Los Angeles premises liability attorney can help explain the various points of law and facts relevant to your case. Of primary importance in the determination of liability is who exercised primary ownership, control, and possession of the property at the time of your injury. Without direct ownership, control, or possession, the court will likely hold that the defendant did not owe a duty of care to the plaintiff and the claim will be defeated. This can create a difficult legal question when a property’s owner lives out of state and he or she was not aware of the tenant’s actions that created a dangerous situation.
California premises liability law is complex and contains many nuances. If you were recently injured and would like to discuss your case with a Los Angeles premises liability attorney, call the Law Offices of Peyman & Rahnama at (800) 505-4445 today.
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