Premises Liability & Property Accidents
Los Angeles Accident Attorneys Explain Your Rights
According to California Civil Code it is the responsibility of the property owner or tenants to ensure that the property remains in a safe condition. Owners and tenants of land need to keep the property clear of risks of injuries varying from slip and fall on uneven pavement to dogs bites or whiplash on an amusement park ride. It is within the responsibilities of any property managers, owners and people occupying the properties to inspect the areas for obvious and unknown hazards that may injury someone who comes onto the premises. This could include maintaining sidewalks, cleaning any spills and providing adequate warnings for potential hazards.
In the state of California, the premise liability law classifies anyone who is injured on a defendant's property into three categories:
- Invitees - An invitee is classified as someone who is invited onto the property or premises by either an direct or indirect invitation. The invitee is usually deemed as someone who enters the property to directly benefit the owner in business dealings. This could be someone invited onto the premises of private property or an implied invitation into an open store. Premises owners need to ensure the highest care is implemented to keep an invitee safe. This may include inspection of the premises or providing proper signage of hazards.
- Licensee - A person is deemed as a licensee if they enter onto the premises for any other reason than to engage in business dealing or to benefit the owner of the premises. If you have a party, or invite a neighbor into your home, the person is considered a licensee, not an invitee.
- Trespasser - Under California law, anyone who trespasses onto a property may be protected under the premises law. If a property owner does not know of the presence of trespassers, they are usually not liable to warn of potential hazards. But, if the owner of the property is aware that trespassers do enter the premises, they must take actions such as posting warning signs and take care to keep trespassers safe.