Premises Liability and an Owner’s Duty of Care: An FAQ
It is a property owner’s duty to keep a property safe so that their customers or visitors are safe from harm. Invitees are those who have been invited onto your property and you are entitled to stay safe from harm when you are on someone’s property as an invitee. You don’t have to spend money on a property to be considered an invitee, either. As long as you intend to come onto the property in order to do business, you are owed this legal duty. Therefore, if you have been personally injured in an accident on a property, you may have a right to recovery. We want to take a closer look at some elements of these accidents and scenarios that you may have experienced, as well as help you move on from your case.
Premises Liability FAQ
What is the duty of care? There are many occasions that would lead to a business owner is liable for an accident. They owe a duty of care to others that come onto the property and when they breach that duty, could be held liable for harm. This means that a business owner should foresee a risk to others who may be on the property.
Would I be able to receive compensation from a slip and fall in a store? Depending on the circumstances, yes. Any person who is harmed on a property where negligence was involved can recover certain damages for the accident. Storeowners have a duty of care to watch out for unsafe conditions on the property, which means they must always be inspecting the property for adverse conditions. If a substance was there for a long time and somebody slips and falls, it could give rise to a case.
Do property owners have the legal duty to remove snow? A business owner should always be aware of snow and ice outside a property. And if they are continuing to take business, they should always be aware of these conditions and clear them from the property as necessary.
“Should” the property owner have known about a specific condition? The law states that a property owner “should have known” about a condition that could cause harm to others on a property. A reasonable owner would have known about the condition and taken care of it, as every property owner is supposed to do.
What if the store owner was warned about the condition but did nothing about it? If a property owner was warned about a dangerous condition and did nothing about it, this is clear negligence and can be used to prove your case and help you receive compensation.
Who is usually held liable in a slip and fall in a store? There are a couple different parties that can be held liable in these cases. This includes a property owner, a tenant, a possessor that owns the property, or an employee.
What are the outcomes of these cases and should I retain an attorney? Defendants will usually claim that they were not acting negligently, or that the negligence was not related to the injury caused. A lawsuit is the best way to receive compensation from a property owner or another party at a business has acted negligently. We can help you in the midst of your personal injury case, as we have experience with premises liability cases at the Los Angeles Injury Group. Call us today at 310-954-7248.