Our Irvine premises liability attorneys have decades of experience representing clients who have been injured on other persons ‘ property. Usually, accident victims are more likely to be injured on another person’s property than in their own home. We have extensive skills in premises liability laws. premises liability laws differ from state to state, and it depends on the circumstances of the land visitor.

What is premises liability?

Premises liability is a legal theory used to refer to the responsibility and duty that a property owner has to make sure that their property is safe for visitors. This means that if a visitor is injured on another person’s property because of a dangerous condition, they have the right to file a premises liability claim.

Premises liability is laid out under California Civil Code 1714a which “states that everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property.” California law establishes this duty onto property owners and holds them responsible for injuries, or death.

What are the different types of premises liability accidents?

“Premises liability” is an umbrella term used to refer to a variety of accidents that could occur on another person’s property. For example, examples of premises liability accidents could include:

  • Slip and fall accidents: this is one of the most common types of premises liability accidents in the city of Irvine. This occurs when there is a liquid on the floor, causing someone to slip on it and fall.
  • Trip and fall accident: these types of accidents refer to objects on the floor, causing someone to trip onto them and fall to the ground. 
  • Objects: objects placed on very high ceilings, such as high shelves in the grocery store, could fall onto visitors of the property. All objects placed at high points should be properly secured. 
  • Staircase accidents: this is also a very common type of premises liability accident, and occurs when someone is injured on the stairway or staircase. Causes for stairway accidents could include improper lighting, absence of handrails, and uneven stairs steps.
  • Elevator accidents: elevators must always be maintained, and improper maintenance could lead to elevator accidents on someone else’s property.
  • Escalator accidents: this is very common in large shopping malls and businesses. Escalators, similar to elevators, must always be maintained.
  • Swimming pool accidents: swimming pool accidents, such as drowning or diving accidents could lead to severe injuries. Young children are very likely to suffer swimming pool accidents compared to any other age group.
  • Dog bite accidents: this occurs when a property owner’s dog bites a property visitor. This also could include dog attacks.
  • Negligent security: all properties have a responsibility for providing safe security, and preventing any intentional acts, like assault, from third parties. If the property owner fails to have safe measures and install security, they could be held responsible under a negligent security claim. 
  • Fire accidents: fire accidents are not as commonly thought of as premises liability, but include fires onto another person’s property, that could lead to burn injuries to the victims.
  • Chemical exposure:  business owners and property owners are responsible for making sure that there are no toxic substance exposure to visitors on their property. There are several chemicals and toxins that are not easily visible, and could result in internal injuries, such as organ damage.

Irvine Premises Liability Laws

Irvine follows statewide California premises liability laws. Premises liability hinges on negligence principles. Some factors include:

  • Duty: premises liability places a duty onto landowners to make sure that they keep their property safe. Property occupiers have a duty to exercise reasonable care and prevent any accidents, and to fix any dangerous conditions that they may find on their property.
  • Visitor category: each state categorizes visitors of properties under a different title. In California, visitors are categorized into licenses, invitees, and trespassers. An invitee is one that is on to another person’s property for a business transaction. One of the best examples of an invitee is a customer at a grocery store who is going to purchase goods. A licensee is one who is on another person’s property for the sole reason of pleasure. This means that if a friend visits their friend’s home, the visitor is considered a licensee. A trespasser is one who is on another person’s property illegally and without permission. Usually, trespassers are not owed a duty of care since property owners were not aware of the trespasser coming onto their property.
  • Hazardous conditions: in the event that the property has a hazardous condition, the property owner has a duty to warn the visitor of the hazardous condition and to prevent any accidents that could result from the hazardous condition.

How do I prove a premises liability case in Irvine?

  • Duty: you must show that the property owner had a duty to keep their property in a safe manner.
  • Breach: the property owner breached this duty when they kept their property in an unsafe manner, and that created a dangerous condition for an accident.
  • Causation: the unsafe condition then caused the accident, which could be a slip-and-fall accident or a trip in fall accident.
  • Damages: the visitor now has damages and injuries that should be compensated.

What if the visitor was also responsible for their injuries on another person’s property?

Irvine follows California’s comparative negligence laws. Comparative negligence is a type of legal theory that also holds visitors responsible for their actions. For example, if the visitor knew about the hazardous condition, yet was not told of it by the property owner, they could be partially responsible for their injuries. But, their compensation will only be decreased, this doesn’t necessarily mean that they will lose the right to file a lawsuit against the homeowner.

Who is responsible for my California Irvine premises liability claim? 

  • Property owner
  • Employees
  • Employers
  • Business owners
  • Property man
  • Renter or tenant
  • Government entity
  • Pedestrians

When should I file my premises liability claim in Irvine?

You have two years from the date of the accident to file your premises liability lawsuit in Irvine. When you file a claim against a property owner for injuries, your clock essentially starts ticking from the day that the incident occurred.  This is known as the statute of limitations. But, there are several exceptions to the statute of limitations. For example, accidents such as a slip and fall may not have an apparent injury until weeks later. In certain circumstances like that, the clock starts taking place when you first realize and discover your injuries.

Irvine Premises Liability Attorneys

Contact our Orange County premises liability lawyers today to schedule your one-on-one consultation, and to discuss your potential premises liability accident with our Irvine law firm. Whether you were involved in a slip and fall accident or an escalator accident on another person’s property, you do have the right to seek maximum compensation by holding property owners responsible for their actions.

Heidari Law Group Irvine Practice Areas