Establishing Liability in California Premises Liability Claims

As a general matter, California landowners have an obligation to ensure that their property is safe for those whom they invite onto their land. The extent of the duty owed by a landowner to a visitor depends largely on the relationship between the parties and the reason for the guest’s visit.

Snowy CabinIn California premises liability cases, courts require a plaintiff to establish four basic elements, as outlined in California Civil Jury Instructions section 1000:

  • The defendant owned, leased, or was in control of the property;
  • The defendant was negligent in the maintenance of the property;
  • The plaintiff was harmed; and
  • The defendant’s negligence was a substantial factor in causing the plaintiff’s injuries.

Of course, there are many nuances to premises liability law that can alter the apportionment of liability. For example, if a dangerous condition is so obvious that a person could reasonably be expected to notice it, the landowner has no duty to warn the guest of the hazard. That being said, these determinations are made by courts on a case-by-case basis, and anyone considering a premises liability lawsuit should consult with a dedicated California personal injury attorney to discuss their case in more detail.

Snow-Slide Accident Claims the Lives of Mother and Child

Recently, a tragic accident near Lake Tahoe claimed the lives of a woman and her seven-year-old son. According to a local news report, the mother and son were on a ski trip at Kirkwood after one of the season’s biggest snow storms.

Evidently, the two were last seen at around 4:00 p.m. on the hill. At around 6:40 p.m., family members became worried because the mother and son had not yet returned to their condo. Shortly after being reported missing, a neighbor saw a glove sticking out of a pile of snow near the family’s condo. The neighbor dug into the pile of snow to find that both the mother and the child were buried in the pile. Both were immediately transported to the hospital, but neither was able to recover from their injuries.

An investigation is underway, and at this point authorities believe that snow slid from atop the roof of a nearby building, covering the mother and child in snow.

Have You Been Injured on Another Party’s Property?

If you or a loved one has recently been injured on another party’s property – whether as a social guest or a customer – you may be entitled to monetary compensation. The dedicated Southern California personal injury lawyers at Sharifi Firm have extensive experience representing victims and their families in all types of personal injury claims, including premises liability cases. To learn more, and to schedule a free consultation to discuss your case with a dedicated injury lawyer, call 866-422-7222. Calling is free, and we will not bill you for our services unless we are able to help you obtain the compensation you deserve.

More Blog Posts:

The Types of Available Damages in California Injury Claims, Southern California Injury Lawyer Blog, March 6, 2018

California Court Awards Additional Costs After Party Rejects Settlement and Loses at Trial, Southern California Injury Lawyer Blog, February 19, 2018

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