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Premises Liability

Every day, people get hurt in mundane ways.  They may slip and fall on a slippery surface, trip on an uneven sidewalk, or be bitten by a dog.  Any of these situations can lead to serious injuries.  In most cases, they fall into a broad category of cases known as premises liability.

Premises liability is a legal concept that holds a property owner (or someone who controls the property) responsible for something that occurs on the property.  These types of cases can happen in any number of ways, depending on the type of property involved and what is there.  For example, you can file a premises liability case after being hurt at a massive water park — or you can file one after falling down the stairs at a friend’s house.  They are the same type of case with very different underlying facts.

The Law Offices of Michael A. Kahn has more than 50 years of experience handling premises liability and other type of personal injury cases.  We represent clients throughout California who have been hurt on someone else’s property, offering both compassion and skilled legal advocacy.  Contact us today at (310) 209-1600 or info@michaelkahnlaw.com to schedule a free initial consultation.

Property Owners’ Obligation Under California Law

In California, property owners and mangers are required maintain an environment that is reasonably safe for visitors.  This obligation extends to making necessary repairs, fixing known hazards, and complying with local regulations.  For example, if a property owner is aware that one of the steps leading to their building is crumbling, they need to fix it or warn others about this hazard  — or risk being subject to a lawsuit if someone is hurt on the stair. This rule applies to both residential and commercial properties.

If a person is injured on someone else’s property, then they may have what is known as a premises liability case. They key to this type of case is that you must be legally on someone else’s property when the injury occurred.  If you were trespassing, then you typically cannot file a premises liability lawsuit.

Types of Premises Liability Cases

There are many different types of premises liability claims.  Essentially, if it can happen on another person’s property, then it may be considered a premises liability case. These types of claims include:

In many cases, these types of claims are handled under a homeowner’s or renter’s insurance policy.  For example, if you fall and break your arm on an uneven sidewalk at a friend’s house, you can file a claim against their property.  If you are injured at a business, then the claim will typically be against their liability policy.  A skilled California premises liability attorney will fully examine the facts of the case and determine the best course of action for filing a claim.

How We Can Help

Premises liability cases rest on a theory of negligence.  Proving that a property owner, manager or tenant was negligent can be challenging, particularly if you signed a waiver as a condition of accessing the property.  Our team of seasoned attorneys understands how to handle these types of claims — including strategies for overcoming waivers.

We offer free initial consultations, and never charge a fee unless we recover a settlement or award for you.  Contact the Law Offices of Michael A. Kahn today at (310) 209-1600 or info@michaelkahnlaw.com to schedule an appointment with a California premises liability attorney.

Need Help? Call us anytime at (310) 209-1600