Premises liability falls under the umbrella of personal injury and involves incidents in which a plaintiff suffers an injury that arises from a dangerous condition on a property. Being injured on someone else’s property does not necessarily mean that you have a viable premises liability claim, however. Certain elements must be present for your case for you to successfully obtain compensation for the injuries you sustained.
The Basics of Premises Liability in California
To legitimize a premises liability claim, the owner or operator of the property must have been negligent in some way, either through failing to inspect or become aware of a dangerous condition or by negligently failing to repair a dangerous condition, for example. Basically, negligence is an essential element of a personal injury claim that involves premises liability.
Other necessary elements include duty of care, breach of duty of care, and causation.
- Duty of Care: Property owners and operators have a responsibility to not expose visitors to harm on their property as long as the harm could have been reasonably avoided if the owner or operator had not acted negligently. This can sometimes be tricky since there is no objective measure by which California law allows a person to precisely assess the reasonableness of an owner or operator’s actions, so it is quite subjective.
- Breach of Duty of Care: If a duty of care has been proven, it must be shown that the owner or operator actually breached this duty. For example, did the owner or operator deal with a dangerous condition on the property negligently? If so, this is considered a breach of the duty of care.
- Causation: Lastly, the owner or operator’s negligence and breach of duty of care must be the primary cause of the injury. This means that he or she cannot be held responsible for the actions of a third party or for the victim’s own fault if he or she contributed to the accident’s occurrence.
Premises Liability Attorney in Ventura
If you sustained injuries while on someone else’s property, you might have a viable premises liability claim if the property owner or operator acted negligently and failed to uphold safety standards and regulations. At the Haffner Law Group, our Ventura premises liability attorneys will provide you with the support and counsel you need in the aftermath of this incident.
Contact our office today at (805) 434-6393 to schedule a free consultation with a knowledgeable member of our team.