Premises Liability Cases in California
A person who owns, leases, rents, occupies, or otherwise controls a property may be held liable for another person’s injury on that property. Here are some examples of premises liability in California.
Premises Liability in California
California law affirms that a person may be held liable for another person’s injury on their property. According to California Civil Code Section 1714(a), a person is responsible for an injury suffered by another person on their property due to a lack of “ordinary care or skill” in terms of managing the property, except if the person willfully or negligently injured themselves. Basically, if a person does not reasonably maintain their property and another is injured as a result, then the person who controls the property may be held legally liable.
The Judicial Council of California Jury Instructions (CACI) provides important information in regards to how liability is determined in these cases. According to CACI No. 1000, the plaintiff in a premises liability lawsuit must prove all of the following in court:
- The defendant owned/occupied/leased/controlled the property at the time of injury,
- The defendant was negligent in the use or maintenance of the property,
- The plaintiff suffered an injury, and
- The defendant’s aforementioned negligence substantially caused the plaintiff’s injury.
To determine whether or not the defendant used reasonable care in maintaining their property, CACI No. 1001 states that the jury may consider all of the following (as well as other relevant factors):
- The likelihood that a person would enter or use the property in the same manner as the plaintiff
- The likelihood that harm would occur
- Whether or not the defendant knew or should have known about the possibility of danger
- The extent to which the defendant’s actions caused the injury
Therefore, there is much that the jury will consider when determining whether or not a person should be held liable for another person’s injury on their property. Notably, the person held liable does not need to own the property; as CACI No. 1000 states, the person may own, occupy, lease, or control the property and be held liable for another person’s injury on that property.
Common California Premises Liability Case
With the criteria for determining premises liability in mind, consider the following example of a common type of premises liability case in California:
Milkshake Enterprises, an ice cream shop, is having trouble with maintenance. The property manager notices that the ice cream machine is malfunctioning and spilling melted ice cream onto the floor. Nobody tries to clean it up promptly, and they do not put up a sign warning customers of the slippery floor. An elderly customer walks by the ice cream machine and slips, breaking their hip and costing the elderly person thousands of dollars in medical bills. In this situation, the property manager may be held liable for the injury via a premises liability lawsuit because the property manager was controlling the property, they were negligent in terms of maintenance, and the plaintiff suffered an injury as a result of that negligence.
This is an example of a slip-and-fall premises liability case, which is the most common type of premises liability case. It occurs when a person loses traction on a slippery surface and falls, causing an injury.
Other Examples of Premises Liability Cases
Here are a few more examples of premises liability cases in California:
- A person is renovating their front porch, which consists of a wooden deck. During the middle of this process, the person leaves to have lunch, but there is a plank missing on the porch. The person decides to wait to place the last plank until the weekend because they are busy with other work. A delivery person walks onto the porch to drop a package off, and they step where the missing plank is. The delivery person’s foot falls through the porch and they break their ankle and fall over. In this situation, the property owner may be held liable in a premises liability lawsuit because they were negligent in terms of completing the renovation.
- A small business is based in an old building. In this old building, there is an unusual step in the middle of a walkway. The step is in a poorly lit location, and it is not marked by a sign. A person does not see the step and trips over it, falling over and breaking their nose. The business may be held liable in a premises liability lawsuit because it is clear that the step could cause an injury if not properly marked.
- A visitor breaks a glass bottle at a waterpark. The employees are lazy and hesitate to clean it up for several minutes. A child walks by and cuts their foot on the glass, requiring several stitches. In this case, the waterpark may be held liable for the injury because there was a clear danger that caused an injury due to negligence on the part of the employees.
If you require legal assistance in your premises liability case, or are unsure whether or not you have a case, contact Her Lawyer to be put in touch with an expert premises liability attorney.
FAQs About Premises Liability in California
Can I be held liable for a person’s injury on my property?
Yes, you can be held liable if you were negligent in the use or maintenance of your property and that negligence substantially caused a person’s injury.
Do I need to own the property to be held liable for a person’s injury on that property?
No. A person can be held liable in a premises liability case if they own, lease, control, or occupy the property.
Can I be held liable for a person’s injury if they tried to hurt themselves on my property?
No. If the person willfully or negligently injured themselves, then you can not be held liable.
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