Premises Liability / Slip and Fall

feature-slip-fallThe term “premises liability” refers to the liability of certain persons for injuries and damages to others arising from the ownership or possession of real property. In California, premises liability is based on general principles of negligence and is controlled both by statute and case law.

In a premises liability action, the injured person must establish the following: (1) the existence of a duty on the part of the defendant to use due care; (2) a breach of this legal duty; and (3) the breach as the proximate or legal cause of the resulting injury.

Premises liability actions have traditionally involved “slip and fall” or “trip and fall” causes of action. Premises liability is not, however, limited to such causes of action and includes, among other things, construction accidents, dog bite cases, and injuries caused by the negligent or willful conduct of third persons on the premises involved.

In determining who is liable in a premises liability action, the crucial elements are ownership, possession, and control of the premises. The person or entity that owns, possesses, or controls the premises is the generally responsible for any injuries arising from a dangerous condition on the premises.

Without the crucial element of control over the subject premises, no duty to exercise reasonable care to prevent injury on the property can be found.

If you have been involved in a premises liability accident, Chami Law can help you. Effective handling of premises liability cases requires a thorough investigation and knowledge of the law and the facts and circumstances which caused the accident. It is essential to select a law firm with extensive experience in handling premises liability cases in order to achieve optimum results. At Chami Law, we use the full force of our firm’s extensive resources and expertise to help injured victims receive the compensation they deserve.

 

Free Initial Consultation and Case Evaluation
We invite you to contact our law firm today for a free initial consultation and case evaluation. We work on a contingency basis – which means our lawyers only get paid at the successful conclusion of your case from the money we win for you. Contact us today to schedule a free, confidential consultation, toll free at 888-384-7225 or by email at info@chamilaw.com.