When you go to a public location, you have the right to be safe in your surroundings. While it is impossible to prevent all accidents, those who invite the public to their property have a responsibility to make their property safe for the public. When business owners, schools, or government agencies fail in their duty to make public areas reasonably safe, you may have a cause of action for premises liability.
Premises liability holds owners or the leasees/tenants of their property legally responsible for accidents or injuries that occur on the property. Under California law, a person who controls property is negligent if he or she fails to use reasonable care to keep the property in a reasonably safe condition. A person must use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could be reasonably expected to harm others.
For example, if you go to a store and there is a wet substance on the floor, the property owner may be held liable for any injuries you sustain if they were negligent in keeping their property safe. Each situation must be evaluated based on the specific facts at hand. If the unsafe condition had just been created seconds before you walked into the door, and the property owner was in the process of getting a warning sign and a mop at the exact time you walked in, they may be acting reasonably and you may not have a case against them. However, if the unsafe condition had been there for two hours, a number of customers had complained about it, and nothing had been done, then you may have a legitimate lawsuit.
If you have been injured through the negligent acts of another while you were on their property, please contact the Wilson Law Firm, A Professional Corporation today for an initial consultation.