Premises liability refers to the liability that certain landowners or occupiers of specific land for torts that take place in the property. Cases of premises liability are often complicated and depend on a lot of factors, for they take into account a lot of different circumstances. In summary, the concept covers the responsibility of the proprietor of specific premises over certain incidents or injuries suffered by those on the property. This can include a variety of neglected hazardous conditions such as uneven pavement, poor lighting, or concealed holes, among other things.
In order for premises liability to apply, there have to be specific conditions beforehand.
- The defendant has to possess the land or premises in question.
- The plaintiff has to be an invitee, licensee, or even a trespasser on the property. Although trespassers were not protected under premises law, in 1968 the California Supreme Court abolished the legal significance of the distinctions between invitees, licensees, and trespassers under premises liability law. This development determined that these distinctions don’t influence whether or not the possessor is liable for the harm.
- There has to be negligence, a breach of the duty of care, or a wrongful act on the part of the proprietor and, in some cases, a third party involved.
Premises liability law is based on the claim that all proprietors are responsible for a general duty of care for all people on the land, regardless of whether or not they were invited there. This, as you can probably tell, can create a lot of conflict and complications when sorting out the case. There are cases, for example, in which the plaintiff will have created the unsafe circumstances that led to the incident in question. In these cases, the plaintiff might be found liable for the consequences of the accident instead of the defendant.
If you find yourself a part of a premises liability case, don’t hesitate to come to us. The attorneys at Jance Weberman have plenty of experience handling cases of premises liability, and they will gladly help you tackle your case. If you are in need of legal counsel for a predatory lending case, be sure to call us at (213) 386-9100.