Sacramento Premises Liability Attorney
Premises liability is when an injury occurs on another person’s property. The property could be residential, retail, or industrial. Any injury can have devastating and long lasting effects, both emotionally and physically. The premises liability attorneys at the law firm Carson & Kyung, A Law Corporation, have represented numerous individuals injured while on another person’s property. Our Sacramento attorneys are here to help victims through the process and help them seek the right medical treatment. If you were injured while shopping or visiting a business, you may be entitled to compensation. Our Sacramento premises liability attorneys will aggressively fight to ensure you receive the compensation you deserve. Contact our Sacramento personal injury law firm to schedule a free initial consultation.
Traditionally, the status of an individual on the property was relevant. The status of an individual on the property owner’s premises may help to determine the scope of the owner’s duties and the foreseeability that the visitor may be harmed. The theory is that the owner should not hold the same duty of care to a trespasser as an invited guest; therefore, the status of an individual may also be relevant to determining liability.
- An “invitee” is an individual invited or permitted to enter the premises for a purpose related to the property owner’s business;
- A “licensee” is an individual permitted to enter the remises for social purposes for the owner’s pleasure; and,
- A “trespasser” is anyone who enters the premises without the property owner’s consent.
The modern approach under California law no longer uses these status descriptions for individuals; but, their definitions are still relevant as a factor for consideration.
What are the requirements for premises liability in Sacramento?
Premises Liability Requirements
- That defendant owned/leased/occupied/controlled the property;
- That defendant was negligent in the use or maintenance of the property;
- That plaintiff was harmed; and
- That defendant’s negligence was a substantial factor in causing plaintiff’s harm.
Who has a duty of due care for premises liability?
The property owner owes the duty of due care for premises liability. The property owner includes the lessees, occupiers, possessors, and others whose control of the property subjects them to an owner’s liability.
Duty of Ordinary Care – Modern Premises Liability Test
The main question in a premises liability cause of action is whether the defendant was negligent in the use or maintenance of the property. In establishing this part of the claim, the court will need to determine whether the property owner failed to exercise ordinary care and skill in the management of his property. In making this determination, the court will refer to several different court cases. An important case, Rowland v. Christian (1968) 69 C3d 108, established the following rule: “Whether in the management of his property he has acted as a reasonable man in view of the probability of injury to others.”
Knowledge of Condition
Another rule that was established in Moore v Wal-Mart Stores, Inc. (2003) 111 CA4th 472 states that an owner must have had actual or constructive knowledge of the dangerous condition; therefore, a property owner will not be liable for a slip on spilled milk that occurred 15 seconds prior to the slip. Property owners must have knowledge of a dangerous condition prior to being held liable for an injury. However, a property owner may not stick their head in the sand. A property owner is required to make reasonable inspections to discover dangerous conditions. Hence, a factor considered by the courts is whether the property owner failed to inspect the premises within a sufficient time.
What other factors are considered in premises liability actions in Sacramento?
There are dozens of other considerations in a premises liability action. For example, a property owner may still fulfill their duty of ordinary care obligations by warning visitors of a concealed dangerous condition so that the visitor may take precautions. There are also special exceptions applied to intentional injuries, safety employees, and ultra-hazardous activities.
Contact Sacramento’s Premises Liability Attorneys
The attorneys at Carson & Kyung, A Law Corporation, understand the pain and suffering one can face after being injured on another person’s property. Quite often these injuries occur in public places and this can cause embarrassment and humiliation. Premises liability is a potentially available cause of action to be compensated for your injuries. Our Sacramento attorneys can walk you through all the factors and help you determine whether you may be entitled to compensation. Our Sacramento personal injury attorneys know the important questions to ask during the free initial meeting to determine the value of your premises liability lawsuit. Contact our Sacramento personal injury attorneys to set up a free consultation.