The one who leases, owns, or operates a California property has a duty of care to confirm that it is reasonably safe to access. When the state of it is unsafe, the concerned party must take the time to inform people of any condition there that poses a possibility of injury.
Every premises liability claim emerges from the possible negligence of the property’s owner, lessor, or operator. However, it can come in various forms, including the following.
A slip and fall injury claim is rather not specific, so it covers an astonishing variety of questions. Think about the examples shared below to understand it in a better way.
As one browses around a clothing store’s aisles, they slip on a puddle of stagnant water and fall to the floor, consequentially picking up injuries. If they choose to file a claim against the one who owns or operates that store, they will need to substantiate many elements including the following.
- That the unsafe state was unobvious; that the store had no sign put to inform them of the condition thereof; and, that they acted carefully.
- That the concerned property owner/operator did not enforce a cleaning procedure that would have cleared the element of danger and thereby, prevented the injury.
In the event the victim is capable of proving the elements on their own or with an attorney’s help, they would possibly win the claim.
As a diner is going away from a restaurant by walking down its exit steps, they trip and fall and in turn, get injured. If a temporary hazard such as debris or standing water was there, it would make for a case of ‘inadequate maintenance’. Conversely, if their injury-causing accident occurred because of faulty step design, that customer would need to prove the following.
- That they took reasonable care in making the exit; and,
- That the step design posed a danger to their health. To substantiate this, a lawyer would need to work with an expert witness specializing in the safety of steps.
- Whether the concerned individual knew the danger involved in the steps, and whether they would have taken reasonable actions to prevent it.
In this example, there would be a possible claim against whoever that designed and/or built the steps. That is why there is a need for the expert to be involved in the matter.