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What Is Premises Liability?

Premises LiabilityPremises liability refers to the responsibility held by a property owner to protect visitors to the property from being injured. This responsibility includes the responsibility to remove hazards from a property and when hazards cannot be removed, to sufficiently warn visitors of these hazards to prevent them from becoming injured in an accident. When an injury occurs that could have been prevented if the property owned had acted with greater diligence, the victim may seek compensation for his or her damages through a premises liability claim. Sometimes, your job can require you to travel to a client's home or place of business. If you are injured while performing your job, your injury may be considered to be a workplace injury. To learn more about whether an injury that occurred off-site may be deemed as such, speak with an experienced workplace accident lawyer.

Does the Property Owner owe you Duty of Care?

Duty of care refers to whether a property owner may be held liable for a victim's injury based on the reasons that the victim was on the property. Victims on the property for justifiable reasons, such as those explicitly invited to the property to conduct business, are owed a higher duty of care than trespassers. In California, the following is considered when determining whether a property owner may be held liable for a victim's injury in a premises liability claim:

  • Whether the injury could reasonably have been foreseen;
  • Whether the hazard on the property was the direct cause of the victim's injury;
  • How the property owner tried to prevent injuries on the property, such as through the use of a posted warning;
  • Why the victim was on the property when the injury occurred;
  • How closely the property owner's negligence contributed to the victim's injury – for example, whether the property owner was aware of a broken step that caused a victim to fall;
  • Whether the property owner's insurance policy covers such types of accident; and
  • Whether the property owner could reasonably have taken steps to remove the hazard from his or her property or make it clear to visitors that there was a risk of danger.

Proving that the property owner breached his or her duty of care to you is the key to a successful premises liability claim. Your attorney can explain how each of these elements comes into play in your claim to determine the right strategy and necessary evidence for you.

Work With a San Jose Workplace Accident Lawyer

You should not expect to be in danger of being injured when you go off-site to perform job-related tasks. However, it is possible to be injured because of a property owner's negligence. If you are suffering from an injury that occurred under this circumstance, work with a San Jose workplace accident lawyer. Our team at Corsiglia, McMahon, & Allard, L.L.P. proudly serves clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County.

Client Reviews
I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
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