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San Diego Premises Liability Attorneys
If you are injured on someone else's property, be it commercial, residential or even public property, a clear understanding Premises Liability law is extremely important.
Premises Liability Defined
Premises liability deals with the responsibility of land owners for injuries that visitors suffer while on their property. Although some premises liability cases may seem simple in resolution, the law in this area varies from state to state so it is important to consult an attorney who is well versed in premises liability law.
In most states, a plaintiff in a premises liability case will be classified as either an invitee, a licensee, or a trespasser.
An invitee is someone who is allowed on the premises for commercial purposes or business dealings. This allowance can be either directly expressed or simply implied. For example, a shopper in a supermarket would be considered an invitee, since the supermarket actively encourages people to enter their premises and purchase goods. It is the duty of the premises owner/operator to make sure that the premises is safe and to protect invitees from any risk of harm that may occur while on the premises.
A licensee is a person who is allowed on the premises for any purpose(s) outside of business or commercial dealings. This includes friends and other social guests. In most cases the possessor of a premises is held liable for the injury caused to a licensee on the premises, but only if the possessor was aware (or should have been aware) of an existing condition that led to the injury and the licensee had no reason to be aware of the risk involved. For example, take a homeowner that knew about a faulty step leading down to their patio which wouldn't appear to be broken to the casual observer. When a guest is injured due to a fall from the broken step, the homeowner may be held liable.
A trespasser is someone who enters a premises for strictly their own purposes without the consent or invitation of the owner. Premises owners generally have no obligation make their property safe or to warn of any dangers if they are not aware of the presence of a trespasser. If the owner knows of trespassers on the premises, then he or she may have a duty to exercise some caution in relation to the trespasser's safety.
How our premises liability lawyers can help
At Berman & Riedel, LLP, our premises liability lawyers have a complete understanding of the duty of care which property owners owe to you and a loved one in preventing accidents from occurring on their premises. Our attorneys have represented many clients in San Diego and throughout California in litigation against property owners who failed to prevent the risk of injury from occurring on their premises.
If you believe a property owner did not provide the duty of care to you or a loved one mandated by law in preventing an accident from occurring on their premises, please contact a premises liability lawyer at Berman & Riedel, LLP to discuss your legal options.