Key Points
- Premises liability laws make property owners legally bound to make sure that their private establishments, commercial spaces, and other properties remain safe for other people.
- Premises liability in Tustin is considered to be a personal injury case. Therefore, a victim may receive compensation to offset the losses they’ve sustained due to the injury they’ve suffered.
- To help you deal with these premises liability claims, we advise that you seek the help of a Tustin personal injury lawyer. They will help prove liability, deal with insurance, and help you receive compensation for damages incurred.
Property owners in Tustin, like any other city in California, have a legal responsibility to make sure that those who enter their properties are free from harm. The law imposes certain duties on landowners based on the classification of persons who enter their premises. For example, a shop owner might owe a different duty of care to their customers as opposed to a friend who hosts a dinner party at his house for his friends. If the property owner fails to provide the level of care necessary, and you are injured as a result of such failure, then you might have a claim against the property owner.
Understanding premises liability laws is important for your safety and legal protection regardless of whether you are a Tustin local, a business owner, or a tourist. This article will talk about the definition of premises liability and some common cases of premises liability law violations. We will also discuss how these cases can be considered personal injury and how you can prove liability to get compensation.
What Is Premises Liability?
Premises liability pertains to the level of care a landowner owes to those who enter their property. This covers all properties including residential lots, commercial buildings, public spaces, construction sites, and even government-owned establishments. When a person is injured on another person’s property as a result of the property owner’s failure to provide a level of care, then the injured party might have a claim against the property owner.
Are Premises Liability Cases Considered Personal Injury?
Yes, premises liability cases fall under the umbrella of personal injury. When someone sustains injuries from a property owner’s breach of providing a level of care, then the injured person can recover damages from the property owner. Like all cities in California, Tustin enforces these personal injury laws on property owners. They must uphold their duty of care to provide a safe environment for people who visit their properties.
What Are Some Examples Of Premises Liability Cases in Tustin?
Instances and types of premises liability cases can vary. In this section, we’ll talk about some of the most common examples of premises liability cases.
Animal Bites
In Tustin, dog owners are held liable for injuries caused by their dogs. California has a dog bite statute that imposes the need for dog owners to take care of their pets while in a public place. According to California Civil Code § 3342, “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” Therefore, they are strictly liable for any harm that their dog inflicts upon other people. They also have to make sure that their pets are fully vaccinated so that in the event of a dog bite attack, animal-borne diseases like rabies can be avoided.
Your dog’s history of aggression does not have any bearing on premises liability lawsuit claims. Meaning, whether or not the bite happened for the first time or multiple times, the law will still see it as an instance of premises liability law violation, and as such, the victim can file a claim for compensation
Inadequate Security
Property owners who operate business establishments that are open to the public must make sure that their properties have sufficient security to prevent foreseeable crimes from happening such as robberies, vandalism, and assaults. If these incidents occur, and it was found upon investigation that the property had inadequate security, then the victim may seek compensation.
Slip And Fall
As the name suggests, most slip and fall accidents are cases where a person slips, trips, or falls due to the hazards on someone else’s property. If the premises had wet floors, uneven surfaces, and misplaced materials that can be considered tripping hazards, and it was the primary cause of the slip and fall, then you may hold the property owner responsible for your injury and file a premises liability claim.
Can Property Owners Decrease The Compensation They Owe?
California is a pure comparative negligence jurisdiction. This means that if the accident you have undergone is partly due to your own negligence, then the property owner may seek to reduce the compensation they have to pay. This reduction is proportional to the degree of the Plaintiff’s fault, which will be determined by the court.
How Do I Prove Premises Liability?
California premises liability law is governed by negligence as outlined by Civil Code 1714(a). In order to have a premises liability claim, you must determine whether the defendant owned, leased, occupied, or controlled the property. The level of care the property owner owes to a person can vary. For example, a property owner owes a higher level of care to an invitee as opposed to a licensee or a trespasser. Then, you have to show that the defendant breached this duty of care, such as their failure to address hazardous conditions on the premises. If the defendant’s breach resulted in harm to the plaintiff, and the defendant’s negligence was a substantial factor in causing the plaintiff’s harm, then the plaintiff may recover damages such as medical costs, lost income, and pain and suffering from the property owner.
Can I Schedule A Free Consultation For My Premises Liability Claim?
Yes, you can seek a free consultation with a Tustin personal injury attorney for your premises liability claim. If you have been injured on another person’s property due to their negligence or inability to remove hazardous or dangerous conditions, then seeking legal counsel might be a good idea. A premises liability attorney can help determine your legal standing, assess the circumstances surrounding your case, see if liability is present, and aid you in pursuing compensation for the losses and injuries you have incurred due to the accident.
Conclusion
Tustin premises liability laws have been put in place to safeguard the well-being of all individuals who enter different properties. Property owners have the legal responsibility to make sure that their premises are free of hazardous conditions.
Knowing and understanding your rights and responsibilities within your premises can help you and other people stay safe as well as protect your legal interests in case an accident does end up happening.
If you do end up injured as a result of a slip-and-fall incident, then you can seek the help of a qualified attorney who can help you file your premises liability claim to get compensation for the injuries you have sustained. To explore your legal options, book a free consultation today.
