Premises or property liability refers to situations where there is an inherent danger on land or buildings. It could be the absence of a handrail in a staircase, a slippery spot on a floor that could not be seen, a concealed hole in the grass, or simply a defect in landscaping or a building that an owner knew, or should have known, about but failed to fix. It could be lighting that is too dim to see where you are going, or it could be a step-off built too high in violation of the requirements of a building code; there are many different kinds of premises liability claims.
The judicial council of California has laid out the necessary elements that a person must prove in order to prevail on a premises liability claim:
- That defendant owned/leased/occupied/controlled the property.
- That defendant was negligent in the use or maintenance of the property.
- That plaintiff was harmed.
- That defendant’s negligence was a substantial factor in causing plaintiff’s harm.
We believe that clients are entitled to prompt, detailed updates regarding the status of their case throughout the course of representation.
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