Premises Liability

Under California law, a property owner (either an individual or business owner) has the duty to keep his or her property reasonably safe and to warn others of any dangerous conditions if such conditions exist. This is called the property owner's "duty of care."

What is Premises Liability?

Cases involving injuries on other people’s property are called premises liability cases. The legal doctrine of premises liability covers all cases where a property owner breaches the duty of care, allowing dangerous conditions to exist on the property, and causing personal injury to others. Some common types of injuries in premises liability lawsuits can be due to

These accidents often occur on property which fails to comply with the required building codes or Americans with Disabilities Act, elevators which are not properly maintained, stairs which fail to include proper handrails, steps which are not properly marked, and property which is maintained in a dangerous condition. Often such injuries occur due to the negligence of the property owner, either in failing to reasonably maintain or repair the property to eliminate the dangerous condition or failing to warn of the existence of such dangerous condition.  However, simply because you were injured on someone else’s property, the landowner is not automatically at fault. In order to recover damages, generally there must be a dangerous condition(s) on the property that the owner either caused or knew about it and failed to repair such condition(s).

Insurance Factors in Premises Liability Cases

Another factor in premises liability cases is the issue of insurance. It is not uncommon for property owners to disclaim responsibility for the dangerous conditions on their property. Even after someone is injured, a property owner may refuse to reveal vital insurance information to the victim.

Pasadena premises liability attorney, Eduardo A. Brito, is experienced at uncovering hidden insurance policies so his clients can seek and obtain full compensation for their injuries. Additionally, we will not hesitate to file a lawsuit against property owners who refuse to cooperate.

Preserving Evidence in Premises Liability Cases

Because conditions of the property where the injury occurred can change rapidly, time is of the essence in premises liability cases. Even before you hire a lawyer, you should have someone take pictures of the scene of the accident as soon as possible. Pictures of the scene should be taken with a good camera and in good lighting. If picturing an offset in a sidewalk, a ruler or other point of reference should be used to illustrate the size of the offset. Getting the names, phone numbers, and addresses of witnesses is also important. Your attorney should contact the witnesses for statements immediately.

If you or a loved one have been injured on someone else’s property, contact the Law Office of Eduardo A. Brito today. We can help you recover compensation for the physical injuries, pain and suffering, and any other damages you incurred due to the harm caused to you while on the property of another.