How Premises Liability Works

It happens everyday in many stores and businesses. The floor is wet, and someone slips and falls. California law states that if the owner of the premises has not taken reasonable measures to prevent the condition that led to the fall, the victim can claim compensation from the owner. Generally, this is known as the law of "premises liability," long acknowledged in California and across the nation.

A business owner or operator is usually held liable for a dangerous condition when they are aware of it and do not correct it, or if they should have been aware of it by conducting reasonable property inspections on a regular basis. The law regards this knowledge as being vital to imposing liability, and the "notice" may be actual or constructive.

The creator of a danger is presumed to have "actual notice" of the dangerous character from the moment of creation, especially when it is the property owner who has physical knowledge of the creation of the danger. For instance, if a retailer installs a handicap access ramp that is not in accordance with the Uniform Building Code, resulting in an accident, it is the retailer who is held accountable for the ensuing damage. It will, at all times, be presumed that the store owner knew he had not installed the ramp according to building codes, and he would therefore be responsible for any accidents that might occur.

But the business operator or the employees could still be held responsible for a dangerous condition, even if it was not created by them, if there was "constructive notice" of the danger. When the condition has existed for such an amount of time that it should have been revealed on reasonable inspection, that is when constructive notice happens. The property owner is held accountable when spilled liquor on a floor is permitted to remain for an extended period of time, resulting in an accident. Proof of how long a danger has existed will usually be apparent from its condition. It's evident that there was adequate time to have posted a warning if the spill has partially dried, has been tracked through, or if someone has seen the liquid well before the accident. When the property owners fail to discover and remedy any dangerous spills, they can be found liable for any ensuing accidents.

Perhaps one of the most common errors a business operator makes is in his/her failure to alert patrons to an unavoidable danger. Warning should be posted to make others aware of the danger in businesses that are inherently hazardous. In such cases where the business uses chemicals, it is important to warn anyone of possible dangers before a potential spill. For example, if a pool operator does not warn patrons of any decking that he knows to be potentially wet and slippery, a liability may result. It would be negligent on behalf of a business owner not to alert people to where a potentially hazardous chemical is being used, especially if patrons could not otherwise detect it.

Business owners may still be liable, even when the injury or damage is a third party's responsibility and not the responsibility of the property owner. For example, when an owner of a bar has knowledge of a dangerous and violent customer yet fails to take the necessary measures to ensure the protection of others, the bar owner may be held liable if an assault occurs. No matter what kind of business he is engaged in, if the owner knows that a customer has violent tendencies, the owner may be at fault if he fails to warn others.

There is endless potential for causes of harm in every premises liability case. Every case is unique. A trial attorney who is experienced can aid you in finding your way through the facts and the law so that you can reach a fair result.

Paul W. Ralph, an Orange County personal injury attorney, is dedicated to helping his clients get the justice and compensation. Also known as an Orange County “slip and fall” attorney, he helps victims feel less victimized. He is well known for winning premises liability cases, auto injury cases, and for helping his clients achieve desirable results.

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