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The concept behind premises liability is that anyone inviting others into their home or place of business has a duty to ensure their safety. Visitors may not be aware of potential dangers, so it falls on homeowners and business owners to maintain reasonably safe premises. If an injury occurs due to the negligence of a business owner who fails to uphold this duty, they are liable for damages. Premises liability cases often involve incidents like slips and falls caused by hazards such as materials left on the floor in supermarkets. Stores are obligated to keep their premises clean and safe. Liability can be established through actual or constructive knowledge of dangerous conditions. While actual knowledge involves awareness of a hazard, constructive knowledge can be inferred if a business fails to inspect and maintain the premises adequately. If injured on someone else's property, it's crucial to gather evidence and report the incident promptly. Negligence in providing security, such as insufficient lighting or lack of surveillance, can lead to injuries, particularly in venues prioritizing profit over safety. Schools, especially public ones, bear a significant duty to ensure the safety of students. If you've been injured and require legal assistance, contact Case Barnett Law at 949-861-2990 or visit our website at casebarnettlaw.com.

What You Need to ProveA Premises Liability Slip and Fall in a Business

In California, you will have to prove key elements in a premises liability case in order to hold a property owner accountable for your injuries. Specifically, you will need to prove that:

  • The property owner owed you a duty of care. An injured victim will first have to prove that the property owner had a duty to keep him safe. Property owners typically have a duty to keep people safe if those people were invited onto the property or they were legally on the property.
  • The property owner breached the duty of care. Once it is established that the owner had a duty to keep you safe, it must be proven that he breached that duty. In other words, you will need to prove that the property owner failed to provide you with the care that a reasonable property owner would have provided to you in similar circumstances.
  • You were hurt because of the property owner’s negligence. You will need to prove that you were hurt because of the property owner’s breach of the duty of care. Specifically, you will need to establish that your injuries would not have happened but for the property owner’s action or inaction.

In many cases, these elements are clear-cut. However, the insurance representative for the property owner will push back if there is any question about liability, and you will need an experienced premises liability attorney on your side.

Contact Our Experienced Premises Liability Attorneys Today

The sooner you contact our office, the faster we can begin working to preserve the evidence in your case, which is vital for successful litigation. We will get your claim filed and have our investigators working immediately. 

Call our Costa Mesa personal injury attorney team today at (949) 409-0055 for your free consultation.