Estudio de Caso: Deber de Cuidado en Acción

Preguntas Frecuentes – San Diego Responsabilidad de Locales

• What is premises liability?

  Premises liability is a legal concept that holds property owners and occupiers responsible for certain injuries and accidents that occur on their property. This liability arises from the duty of care that property owners owe to individuals who enter their premises.

• What are some examples of premises liability claims?

  Premises liability claims can arise from a number of situations where someone is injured as the result of unsafe conditions on someone else’s property. Common examples include:

  Slip and Fall Accidents:

  • Slipping on a wet floor in a grocery store that wasn’t properly marked with warning signs.
  • Tripping over uneven pavement or a cracked sidewalk on a commercial property.

  Inadequate Maintenance/Security:

  • Falling down stairs because a handrail was broken or missing.
  • Being injured by falling debris from a poorly maintained building facade.
  • Being assaulted in a parking lot of a shopping mall as the result of inadequate security.
  • Suffering injuries in an apartment complex after a broken security gate led to unauthorized entry.

  Defective Conditions:

  • Suffering injuries from a malfunctioning elevator or escalator.
  • Being burned by hot water from a defective water heater.
  • Suffering burns or smoke inhalation from faulty wiring or lack of smoke detectors in a residential or commercial building.
  • Being electrocuted by exposed wires or defective electrical installations.

  Swimming Pool Accidents:

  • Drowning/near-drowning incidents resulting from a lack of proper fencing/signage.
  • Injuries from diving into a pool without adequate depth markers or warnings.

  Dog Bites/Animal Attacks:

  • Being bitten by a dog on the owner’s property.
  • Being attacked by an aggressive animal in a pet store or other public place.
  • Under California law, many dog-bite cases are “strict liability” – meaning that the owner of the dog is at fault, regardless of whether they acted negligently or not.

  Retail Store/Construction Site Accidents:

  • Being struck by falling merchandise in a store where items were improperly stacked or secured.
  • Slipping on spilled products or broken glass in a retail environment that was not promptly cleaned up.
  • Being injured by falling objects, tripping over construction debris, or other hazards present at a construction site.

  Toxic Chemical/Mold Exposure:

  • Experiencing health issues from exposure to mold, asbestos, or other hazardous substances in a rented property.
  • Being harmed by chemical leaks or spills in an industrial facility.

  No two premises liability cases will be exactly the same, but they must share one commonality: in each case, the injured party must prove that the property owner or occupier was negligent in maintaining a safe environment.

• What is an attractive nuisance?

  An attractive nuisance is a legal term that describes some element of a property that would entice a child into a dangerous situation. Under this doctrine, property owners may be held liable if children are injured by hazards on their property that are likely to attract children. Common examples include swimming pools, trampolines, playground equipment, ladders, abandoned vehicles and animals.

• What damages are covered in premises liability lawsuits?

  Damages from premises liability lawsuits can cover a wide range of categories. This includes:

  • Medical expenses (emergency room visits, hospital stays, surgeries, doctor’s appointments, medications, physical therapy, and any other medical treatments related to the injury)
  • Future medical expenses if the injury requires long-term care or ongoing treatment
  • Lost wages from the inability to work during recovery
  • Future lost wages if the injury results in long-term disability or permanent impairment
  • Property damage
  • Transportation expenses and live-in care
  • Pain and suffering (physical pain and discomfort arising from the injury)
  • Emotional distress (anxiety, depression, trauma, and/or loss of enjoyment of life resulting from the injury)
  • Loss of consortium (changes to the plaintiff’s intimate relationships-loss of companionship, affection, and support and so forth-resulting from the injury)
  • Disfigurement/scarring
  • Loss of enjoyment of life (reduction in quality of life and ability to participate in activities enjoyed prior to the injury)

  If the property owner’s conduct was particularly negligent, reckless, or malicious, the court might award punitive damages: additional costs intended to punish the defendant and deter similar conduct.

• What is the statute of limitations for premises liability in California?

  California laws offer two (2) years from the date of the incident to seek financial recovery in premises liability cases. Importantly, this statute is unaffected by any personal insurance claims you may also file. Your claim must be filed within a California court, within the two-year statute, to be considered valid.

  IMPORTANT NOTE: Premise liability cases against the government have an extremely strict statute of limitations; you must file your case within six (6) months of the date of the accident, as per California Government Code 835. Read more below.

  If you believe you have a case against a government entity, it is important to speak to a premises liability lawyer as soon as possible. Call us at 619-794-0451 to discuss your claim.

• Who is responsible if someone gets hurt on your property in CA?

  The property owner is responsible for providing reasonably safe conditions on their property, as well as any tenant or other person who has possession and/or control of the property. No element of their property should pose “unreasonable risk of injury to a guest or visitor,” as per the California premises liability law. This rule applies to businesses, private residences, and government property for all personal injury claims.

• What is “strict liability law” in California?

  Strict liability law simply means that the plaintiff (or injured person) does not need to prove the defendant’s negligence to bring a suit against them. Strict liability often applies to premises liability cases involving dog bites; it is enough that the plaintiff got bitten on the property, regardless of whether or not the responsible party was aware of the dog’s aggressive tendencies.

• How do I file a lawsuit on my premises liability claim?

  The first step in filing a premises liability lawsuit is getting a free case evaluation from a personal injury lawyer who specializes in these cases. They will review your case, determine if any negligent or wrongful acts contributed to your accident, and advocate with the property owner and/or insurance company to resolve your case.

Estudio de Caso: Veronica D. v. Vault PK