If you’re injured on someone else’s property, premises liability law may give you the right to seek compensation. But to win your case in California, you must prove certain legal elements. Understanding these requirements can make the difference between a successful claim and a denied one.
At Hillstone Law, we guide victims through the complexities of premises liability cases, helping them prove fault and recover the compensation they deserve. Here’s a breakdown of the five key elements you need to know.
1. Ownership or Control
To hold someone liable, you must show that the defendant owned, leased, occupied, or controlled the property where the injury occurred.
Example: If you trip on a broken stairwell in an apartment building, the property owner or manager may be held responsible because they control the premises and have a duty to maintain it safely.
2. Negligence
The second element requires proving that the property owner failed to use reasonable care in keeping the property safe.
Example: A shopper slips on spilled liquid in a grocery store aisle that staff failed to clean up. The store could be considered negligent for not addressing the hazard in a timely manner.
3. Hazardous Condition
A hazardous condition is any situation on the property that poses an unreasonable risk of harm. These can exist in commercial, residential, rental, and public properties.
Example: A mail carrier delivering a package falls when a loose front porch railing gives way. That unsafe railing qualifies as a hazardous condition.
4. Knowledge of the Hazard
You must show the property owner knew or should have known about the dangerous condition. Even if they didn’t directly create it, ignoring a known hazard makes them legally accountable.
Example: A torn carpet at a coffee shop has been there for months, and the owner knew about it but failed to repair it. A customer who trips and falls may establish this element of liability.
5. Causation
Finally, you must prove that the hazardous condition and the owner’s negligence in addressing it was a substantial factor in causing your injury.
Example: A concert-goer suffers a head injury after tripping in an area with inadequate lighting. If proper lighting would have prevented the fall, the venue’s negligence may satisfy causation.
Hillstone Law: Protecting Premises Liability Victims
Proving all five elements of a premises liability claim is no small task. You’ll need evidence, legal strategy, and an experienced attorney to ensure your rights are protected.
At Hillstone Law, we have extensive experience handling California premises liability cases. Whether you were injured in a store, apartment complex, or public venue, we fight for full compensation for your medical bills, lost wages, pain and suffering, and more.
Contact Hillstone Law today for a free consultation. We’re available 24/7 to review your case and help you take the first step toward justice.
