Premises Liability

“Premises liability” is a legal term used to refer to certain types of personal injury cases in which the plaintiff’s injury was caused by some type of unsafe or defective condition on someone’s property.  These type of cases may include: slip and fall cases, trip and fall cases, snow and ice accidents, inadequate maintenance of the premises, defective conditions on the premises, defective staircases, inadequate building security leading to injury or assault, elevator and escalator accidents, dog bites, swimming pool accidents, amusement park accidents, fires, water leaks or flooding, wet or oily floors, hidden extension cords, unsecured rugs or carpets, loose or broken floors, sidewalks, steps, or stairs, and inadequate employee training, and even toxic fumes or chemicals present on the property.

If a person is injured in a slip and fall incident or a trip and fall incident due to someone else’s negligence, holding them responsible and pursuing compensation for damages is a reasonable action. 

California Civil Jury Instructions (CACI) 401 defines negligence, as follows: “Negligence is the failure to use reasonable care to prevent harm to oneself or to others.  A person can be negligent by acting or by failing to act.  A person is negligent if he or she does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation.”

WHAT IS THE STATUTE OF LIMITATIONS?

Any filing deadlines for a case will be determined by the personal injury statute of limitations in the state that has jurisdiction over the matter. California Code of Civil Procedure section 335.1 sets a two year deadline for the filing of “An action for… injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” 

Prior to filing a lawsuit, it is important to have a thorough evaluation of the facts of the incident.  Liability, damages, and the ability to collect on any foreseeable judgment (i.e. are there any insurance policies that may provide coverage) must be considered.

Speak to a premises liability lawyer now! Call 310-498-2750