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Home
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Injuries
& Accidents >> Premises Liability
Attorney
Representation in San Francisco, California since
1989
SAN
FRANCISCO PREMISES LIABILITY ATTORNEY
Premises Liability
 The
legal theory of "premises liability"
holds owners and occupiers of property legally
responsible for accidents and injuries that occur
on that property. The kinds of incidents that
give rise to premises liability claims can range
from a slip and fall on a public sidewalk to an
injury suffered on a amusement park ride.
Owner
Liability
The
liability of owners and occupiers of property
will vary depending on the legal rules and principles
in place in the state where the premises liability
injury occurred. In some states, the court will
focus on the status of the injured visitor in
determining the liability of the owner or occupier.
In other states, the focus will be on the condition
of the property and the activities of both the
owner and visitor. (Note: an occupier or possessor
of land, such as an apartment tenant, is treated
in the same manner as a landowner in many situations.)
Legal
Status of Visitor: Invitee, Licensee, or Trespasser
In
states that focus only on the status of the visitor
to the property, there are generally four different
labels that may apply: invitee, social guest,
licensee, or trespasser. An invitee is someone
who is invited onto the property of another, such
as a customer in a store. This invitation usually
implies that the property owner/possessor has
taken reasonable steps to assure the safety of
the premises. A licensee enters property for his
own purpose, or as a social guest, and is present
at the consent of the owner. Finally, a trespasser
enters without any right whatsoever to do so.
In the case of licensees and trespassers, there
is no implied promise that reasonable care has
been made to assure the safety of the property.
In many states that look to the legal status of
the injured person, the trend is toward distinguishing
only between those lawfully on the property and
those on the property illegally.
Condition
of the Property and Nature of Activities
In
states where consideration is given to the condition
of the property and the activities of the owner
and visitor, a uniform standard of care is applied
to both invitees and licensees. This uniform standard
requires the exercise of reasonable care for the
safety of the visitor, other than a trespasser.
In order to satisfy the reasonableness standard
owed to invitees and/or licensees, an owner has
a continuing duty to inspect the property in order
to identify dangerous conditions and either repair
them or post warnings as appropriate. An owner
can be found liable if he or she has knowledge
of a dangerous condition, fails to take reasonable
steps to fix it (or warn visitors), and a visitor
suffers an injury.
Determining
whether the standard of reasonableness required
by an owner toward licensees (and in some states,
both licensees and invitees) has been met requires
an examination of numerous factors including:
- Circumstances
under which the visitor entered the property;
- Use
to which the property is put;
- Foreseeability
of the accident or injury that occurred;
- Reasonableness
of the owner/possessor's effort to repair a
dangerous condition or warn visitors.
Children
on Property
A landowner's
duty to warn is different with respect to children
who are not authorized to be on property. A property
owner/possessor must give warning if he or she
knows (or should know) that children are likely
to be on the premises, and that a dangerous condition
on the premises is likely to cause serious bodily
injury or death. In order to find liability, the
owner/possessor's need to maintain the dangerous
condition (and the burden of eliminating it) must
be low when compared with the risk to children,
and the defendant must have failed to exercise
reasonable care to eliminate the danger or otherwise
protect children.
Lessors
and Landlords
Special
rules of liability may apply in cases of lessors
(landlords) of property. The general rule holds
that a lessor is not liable to a lessee, or anyone
else, for physical harm caused by a condition
on the property. This general rule is based partially
on the lessor's presumed lack of control over
the property once it is leased, but the rule has
numerous important exceptions. For example, a
lessor is responsible for injuries that occur
as a result of a latent defect that existed at
the time the lessee took possession of the property
if the lessor knew or had reason to know of the
defect. A latent defect is a concealed, unreasonably
dangerous condition, either artificial or natural.
Similarly, if the lessor agrees to undertake a
repair for the benefit of the lessee, it must
be done in a non-negligent manner. Similar exceptions
may apply in other circumstances, such as where
the lessor opens the property for admission of
the public, or where the lessor maintains control
of the premises.
Getting
Legal Help for a Premises Liability Injury
If
you or a loved one has suffered a premises liability
injury, you should speak with an experienced attorney
to ensure your legal rights are protected.
Steps
You Can Take Now
- Write
down as much as you can about how you were injured,
who owned the premises, who witnessed the injury,
and where you were treated
- GET
A EXPERIENCED SAN FRANCISCO INJURY ATTORNEY!
You need all the help you can get, and you need
it as soon as possible. If you do not assert
your rights within the time set by law, you
will lose your ability to assert them at all.
Practice
Areas:
Criminal
law: including San
Francisco criminal attorney representation
for Drunk
Driving, DUI, DWI,
White Collar Crimes, Drug
Crimes, Computer
Crime, Identity
Theft, Violent
Crimes
Injuries
& Accidents: including San
Francisco attorney representation for Cars,
Trucks & Bike accidents , Wrongful
Death, Assault
& Battery, Premises
Liability, Animal
Attacks, Medical
Malpractice, Dangerous
Products
Civil
Rights:
including attorney representation for
Constitutional Law, Police
Misconduct, Discrimination
Litigation
Defense: including San Francisco
attorney representation for Insurance
Defense,
Personal Injury, Premises Liability, and
Medical
Malpractice
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