Premise Liability: Whose Responsible for Injury?
Defining Premise Liability Law
If a person gets injured on private property, public property, or in a business establishment, they are eligible to file a premise liability case. Under the Premise Liability law, landlords, tenants, and business owners are held liable for injuries and accidents caused by dangerous property. This includes unstable building materials, hazardous constructions, faulty design, or clutter. The most common premise liability accident is a slip-and-fall accident, which can occur on private property, public property, and government properties.
Other examples of premise liability accidents include: items falling on a person, toxic fumes, dangerous objects that a person can step on, and getting bit by a dog.
Determining Who is Liable
There are two factors that will determine the liability of property owners. The first factor is that all property owners are legally obligated to make sure their property is safe for their tenants, visitors, customers, and shoppers. Lawyers understand that the premise is based on the fact that property owners have more knowledge and control of their property; therefore, they are more liable for damages than anybody else. The second factor is that the victim must prove that the injuries they received are related to the dangerous property. Proving these two factors ensures that the injured victim is eligible to receive compensation for medical expenses and loss of wages if the injury caused them to miss work.
If a premise liability accident occurred in a residential area, there are certain factors that determine whether a landlord or tenant is liable. Sometimes liability between the landlord and tenant will depend on the type of accident and the contract details. Tenants are typically held responsible if an accident occurs within the area they are renting; however, landlords will be held liable if they rented a space without sharing knowledge about the potential dangers of the property. Regardless, landlords are usually held responsible for injuries involving fixed compartments, floors, walls, and ceilings. They’re also responsible for all external fixtures.
If a premise liability accident occurs at a business, then the business owner is usually liable because business owners have a duty to make sure their property is kept in reasonably safe conditions for their customers. If owners inspect their businesses and find something that could potentially endanger their customers, it’s the owners’ responsibility to make those dangers known, or to fix those dangers.
When it comes to premise liability accidents, it’s important for injured victims to understand that they have rights and can receive compensation for such unfortunate circumstances.
At Los Angeles Injury Group, we’re educated on the variety of different premise liability cases, such as slip-and-fall accidents, dog bite accidents, falling object accidents, swimming pool accidents, and California amusement park accidents. We have attorneys who excel in cases like these and have won settlements for our clients. We believe our clients deserve to receive financial assistance for their injuries, especially if those injuries are life-restricting. If you, or someone you know, was involved in a premise liability accident, call 310-954-7248 for a free consultation.