Premises liability refers to the responsibility of certain individuals for damages and injuries caused to others by virtue of the ownership of a property. Premises liability in California is regarding principles of negligence. It is controlled by case law and statute. Below is the further explanation of the function of Premises liability in slip and fall cases in California.
Similar to other negligent acts, the ones who suffer losses are responsible for establishing certain things:
- The duty of the defendants to indulge with appropriate care
- A violation of this responsibility
- This breach depicted as the primary cause of the injury or loss
Premises liability also includes “trip and fall” as well as “slip and fall” accidents, dog bite cases, construction accidents, or the accidents caused by careless conduct by the persons involved.
When an attempt is made to determine the one liable in premises liability, the most important factors are ownership and control of the premises. The individual who has the ownership holds or controls the proceedings within a premise is held responsible for injuries caused within that premise.
One cannot take enough care to stop the occurrence of injury within a property, without the element of control. So to determine if the owner of the property is responsible for the injury of the victim, the court must consider several factors, such as:
- The predictability of injury to the plaintiff
- The degree to which one can ascertain that the incident occurred
- The proximity between the defendant’s conduct and the injury suffered
- The moral accusation against the defendant’s demeanor
- The measures for the prevention of future harm
- The impact of the burden from the defendant’s point of view and the further consequences to the community
- The presence, prevalence, and the cost of the insurance for the concerned risk factor
Experienced slip and fall attorneys will tell you that it is the responsibility of the owner of property, by virtue of the possession, to keep the premises safe and secure for all the persons accessing the place. This degree of responsibility is higher for children, as they are less immune to the injuries arising from such incidents. In case there are potential dangers on the land, the owner is also obliged to make the premises clean and safe for those who would be accessing the area.