Monthly Archives: December 2012

Premises Liability Attorney Shafter, California

Properties Liability Overview for Shafter, California

A premises liability lawsuit holds a property owner responsible for any damages developing out of an injury on that individual or entity’s property. In all states, owners that inhabit a home should make a reasonable effort to preserve a safe environment for visitors to it. Failure to keep the residential or commercial property safe for visitors leads to “facilities liability.” Common scenarios that might give rise to premises liability suits are:

  • Animal and Dog Bites
  • Slip and Fall Mishaps
  • Unsafe Residential or commercial property
  • Negligent or Inadequate Security
  • Swimming Pool Injury
  • Insufficient Maintenance
  • Kids on Home
  • Retail Store Liability
  • Dining establishment Liability

Industrial Residences

Exactly what about injuries at apartment complexes or business home that is merely leased? Generally, a landlord is not responsible for the injuries of a tenant’s visitor since the occupant is presumed to be in control of the condition of the residential or commercial property. However, there are exceptions, such as for latent flaws, which are concealed and hazardous conditions already existing when the occupant seizes the home. Another exception occurs when a landlord carries out repair works for a tenant. The repair works must be carried out in a non-negligent manner.

Various states follow different guidelines about who might recuperate for facilities liability and under which conditions. Some states focus on the status of the individual visiting the home to identify whether liability is appropriate. The status of a visitor in those states is typically guest, licensee, or trespasser.

Guests and Tresspassors: Rules for Shafter, CA 93263

A guest is someone invited onto a property for a commercial function, such as a customer at a shopping mall. A social guest or licensee is also present on the property at the invite or by approval of the property owner or resident. For invitees and licensees, the invitation is an implied pledge that it is safe to be on the property. In some states, a different duty of care is owed depending upon whether a visitor is an invitee or licensee, however in other states that recognize these differences, the greatest task of care is owed to both.

In many states that concentrate on the status of the visitor to assess liability, trespassers who are on the property without any right to be there and who are injured are unable to recuperate at all. The owner or occupant need to merely refrain from deliberately trying to hurt the intruder, such as by setting traps. Nevertheless, in some cases, when an owner understands it is most likely there will be an intruder, it is needed to give affordable warnings of non-obvious dangers to intruders. Typically, the exception to this rule is a kid intruder, who may get included with an “attractive annoyance,” like a pool, and hence is owed a higher duty of care.

Stae of the Property; Owner’s and Visitor’s Actions, for 93263

In other states, courts focus on the state of the property and the owner’s and visitor’s actions. Typically, homeowner and occupants owe a duty to keep home reasonably safe and make repairs for all visitors except for trespassers. Elements that are thought about when determining the responsibility are the circumstances under which the visitor came onto the residential or commercial property, the nature of the home, the reasonableness of the owner or occupant’s actions to fix or caution, and the foreseeability of the injury.


An owner or occupant must frequently check the residential or commercial property to discover harmful conditions and either repair them or install a warning so that legal visitors are not injured. Any owner that cannot fulfill this task, such as by knowing of an unsafe condition and failing to alert visitors, can be held liable for visitors’ injuries that arise from it.

Limitations on Recuperating for Property Liability

Most states follow the concepts of relative fault in facilities liability cases. This indicates an injured person who is partly or fully responsible for what took place can not recover for damages arising from an unsafe home condition. A visitor has the duty to utilize sensible care to keep himself or herself safe. To the extent the visitor cannot utilize affordable care, the recovery can be decreased by his/her portion of fault.

For instance, in a state following relative negligence, when an injured individual is 10% responsible for an injury, the property owner is accountable for 90% of the injury, and the total damages are $100,000, the victim’s healing will be just $90,000. In states that follow contributory negligence, the complainant might be not able to recuperate at all if he or she is discovered even slightly at fault.