Acquiring Justice Through Premise Liability Claims

The occurrence of different accidents in places that should be properly maintained is unavoidable especially if property owners failed to do their duty in keeping their property safe. In Los Angeles alone, there are a number of people who sustained injuries due to the dangerous property condition of others. Whenever this situation takes place, the issue of premise liability claims arises.

Premise liability is concerned with the liability of property owners over the injuries sustained by a person while in their premises. They will be held liable in the event that the incident occurred because they were not able to properly maintain the good condition of their property.

In the context of premise liability, a person possesses premises or a land if:

The person is occupying the land with the intention of controlling it;

The person is occupying the land with the intention of controlling it, if no other individual has subsequently occupied it with the intention of controlling it; or

The person is entitled to or has the right of immediately occupying the land, if not other individual is in possession of it.

People or entities that may be viewed as liable in a premise liability claim include landlords, homeowners, property owners, business establishments, and managers, among others.

A Plaintiffs Status

In a premise liability case, it is important that the status of the plaintiff is determined. This status may be a licensee, invitee, or a trespasser. The duty of the defendant over the plaintiff may vary based on the status of the latter.

Licensee
This is an individual who is invited to remain or enter the premises for any reason other than a commercial or a business one with implied or expressed permission of the land owner or the person who is in control of the property. Social guests are viewed to be licensees, not invitees.

Invitee
This is an individual who is invited to remain or enter the premises for a direct or direct purpose that is related with the property possessors business dealings or for a commercial benefit to the possessor. This invitation may either be implied or expressed.

Trespasser
A trespasser is known as an individual who goes upon or enters anothers premises without an implied or expressed invitation, for his/her own reason, and not in performance of any kind of duty to the property owner. Typically, it is not obligatory for a defendant to prove that a trespasser has an unlawful purpose in entering the property.

Typically, property possessors do not have the responsibility of warning trespassers regarding dangers or make their property safe for the benefit of trespassers if they are not conscious of the presence of these people. Meanwhile, a property owner may be responsible of exercising ordinary care for a trespasser if he/she is conscious of the latters presence.

Importance of Hiring Los Angeles Attorneys
Legalities surrounding premise liability claims are complex and require the special handling of skilled Los Angeles attorneys. People who sustained injuries due to the dangerous property condition of another individual should seek help from these legal professionals so that their rights will be upheld and properly protected.