What is Premises Liability under California Law?

Premises liability is an area of law that holds property owners responsible for injuries or damages that occur on their property. California law recognizes premises liability, and property owners have a legal obligation to maintain their property in a safe condition. If a property owner fails to do so and someone is injured on their property, the property owner may be held liable for the injured party's damages.

Premises liability in California is based on the legal principle of negligence. To establish a premises liability claim, the injured party must prove that the property owner was negligent in maintaining the property. Negligence occurs when the property owner fails to use reasonable care to maintain the property and someone is injured as a result.

Under California law, there are three types of visitors who may be on a property: invitees, licensees, and trespassers. Property owners owe the highest duty of care to invitees, who are people who enter the property with the owner's express or implied invitation, such as customers in a store. Property owners owe a lesser duty of care to licensees, who are people who enter the property with the owner's permission but for their own purposes, such as social guests. Property owners owe no duty of care to trespassers, who are people who enter the property without permission.

If an invitee is injured on a property, the property owner may be liable for the invitee's damages if the property owner knew or should have known of the dangerous condition that caused the injury and failed to take reasonable steps to warn the invitee or make the condition safe. If a licensee is injured on a property, the property owner may be liable if the property owner knew of the dangerous condition and failed to warn the licensee or make the condition safe. However, if a trespasser is injured on a property, the property owner is usually not liable unless the property owner intentionally caused the injury or acted with reckless disregard for the trespasser's safety.

In California, property owners have a legal obligation to maintain their property in a safe condition and to warn visitors of any known dangers. If a property owner fails to do so and someone is injured on their property, the property owner may be held liable for the injured party's damages. If you have been injured on someone else's property, you should consult with an experienced premises liability attorney to determine your legal rights and options.

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