Establishing a Premises Liability Claim
Los Angeles premises liability claims can be a complicated personal injury case, certain points must be established to prove the negligence and liability of a property owner.
The term premises refers to lands and buildings that are considered property. Note that the term “premises” is used even for singular units like a house or a building. The law provides that land or property owners are responsible for their property. It should not only be safe for the owner’s family but the whole community as well. The most common example can be with family pools. Without fences, children from the neighborhood may wander in and potentially drown. The homeowner may be held liable for the accident. This is why most states require owners to put fences around the pool.
Elements of a Premises Liability Claim
The Premises Liability law can be very complicated. There are certain factors that should be present to establish a case.
For a Premises Liability Claim to apply:
- Establish if the defendant is in charge of the property. It should be known if the defendant owns or rents the property and if he/she has control of the property. The question of whether he/she is aware of the condition of the property should also be answered.
- Establish the defendant’s negligence. The defect that caused the injury should be inspected. A point of contention in the argument will be if the defect was there at the open and if it should not have been missed by the plaintiff or was it difficult to see thus caused the injury. The time the defect was discovered should also be considered: was it there for a long time or was it recently found out?
- Establish the category where the plaintiff would fit. There are three types of plaintiffs for premises liability claims:
- Invitee - A person who is in the premises for commercial purposes or for the benefit of the owner. The defendant may own a commercial establishment and the plaintiff is in the premises as a patron. The plaintiff should prove that the owner knows or should have known of the defect and danger in the property. The law requires all business establishments to do regular inspections to ensure safety in their premises.
- Licensee - A person who is in the premises other than for commercial purposes like for example, as a house guest. The plaintiff must prove that she is a licensee and he/she had no reason to know of the defect and danger on their own.
- Trespasser - A person who does not have express or implied permission to be inside the premises. Different states have different laws with regard to what a property owner owes a trespasser.
In most states, a property holder holds no responsibility if they are unaware of the trespassers but if they are aware, they may have some duty to warn the trespasser of the danger. Every state has different laws in regard to premises liability claims. If you are in Los Angeles, there are a lot of personal injury attorneys to help you find out if you have grounds for your claim.
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