Premises liability claims are claims against a property owner for negligence that created a dangerous condition which caused an invitee or guest on the property bodily harm or injury. California Civil Code Section 1714(a) discusses the elements required for a plaintiff to prove and succeed on a personal injury claim against a landlord. For instance, if a young child is walking through the aisles in a supermarket or department store and slips on a liquid substance that should not be there, he or she may have a claim for premises liability against the store. If an elderly woman slips and falls on stomped grapes in the produce department at Ralph’s or Trader Joes, she may have a claim as well for premises liability if she can show certain factual circumstances exist.
For one thing, the store must have had constructive or actual notice of the condition and the condition must have been dangerous or posed a danger to an invited guest on the property. If the substance existed for an unreasonable length of time or wasn’t cleaned up or inspected in a timely manner by store employees, these facts would contribute to a finding of liability against the landlord and in favor of the victim who fell. Of course, the dangerous condition must have caused harm and there must be a causal connection between the dangerous condition and the resulting injury.
Contact our premises liability attorneys at Jacoby & Meyers to discuss your claim today.