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A Close Look at the Premises Liability Law in California

Imagine that you are in a retail store walking down the aisle when you slip and fall, and get seriously injured. Or suppose that you are strolling in the park, and suddenly stumble upon a hole in the ground breaking your ankle.

So, can you file a lawsuit against the store owner or the park authorities?

The answer to the above two cases is yes. You will be able to recover some of the costs incurred in treating the injury by filing a lawsuit based on the premises liability doctrine. Here, we will take a close look at the premises liability law in California.

What is a Premises Liability Law?

An owner or management of premises is expected to take reasonable care to ensure safe condition in the land, building, or other structures on the land. Alternatively, it is required to place a clearly visible sign warning people of any danger.

A person will be responsible for an injury caused due to neglect in maintaining the premises. Negligence means that the person did not exercise ordinary care in looking after the property thereby exposing others to harm. The injured person can sue the owner or property manager in the court to get compensation for the injuries.

In the past, trespassers were not protected in California under the premises liability law. However, later in 1968, the Supreme Court in the state issued an influential opinion in a case thereby abolishing the distinction between licensee, invitee, and trespasser in determining when a person can file a compensation claim in the court.

What Should an Owner do to Avoid Facing Lawsuit under the Premises Liability Law?

The importance of acting proactively cannot be emphasized enough.The person who owns a property, or is responsible for its maintenance is required to take reasonable care to ensure safe condition within the premises. It is important that property owners or those responsible for management of the property hire experts for proper repair and maintenance of the property.

Whether you are a hotel owner, landowner, store owner, or hospital owner, you should personally inspect the place, or hire a professional inspector to ensure a reasonably safe environment at the premises. It's recommended to carry on an inspection at least twice a year. In case any hazard is detected, it's essential to take quick steps to remove the hazard.

The person responsible for managing the property will be held responsible for any injury sustained at the premises due to an unsafe condition. If you are facing a personal injury lawsuit, or if you have filed a compensation claim in the court, it's important that you connect with Matthew Taylor, a professional Rancho Cucamonga attorney who's practice is focused on personal injury law.

About the Author:

Law Offices of Matthew Taylor

Matthew Taylor has been a personal injury lawyer for over 20 years in Rancho Cucamonga, serving the entire Inland Empire. We have dedicated our practice to focusing on Personal Injury & Auto Accidents, Business Litigation, Wage & Hour Claims and Failure to Pay Overtime & Minimum Wages. Mr. Taylor also represents and has acted as a court appointed Receiver over businesses and properties.Regardless of your legal need, when you contact The Law Offices of Matthew L. Taylor in you will consult directly with attorney Matthew Taylor. We take the time to personally learn the specific details of your case so we can recommend the best course of legal action. We are conveniently located within... View full business profile here: Law Offices of Matthew Taylor

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