Property Owner Or Occupier Liability
Under California law, there must be some form of negligence for the property owner or occupier of the property to be liable for injuries sustained on the property. Simply owning or occupying land does not make the owner or occupier liable.
Property Owner & Occupier Responsibilities & Liability
To understand what duty is owed by an owner or occupier of land, it is necessary to understand the difference between the owner of the property and the occupier or tenant of the property and their relative liability. For a thorough discussion of landlords and tenants see the following topics which explain duties, obligations and liability in the landlord tenant relationship:
Individuals Found On Property Premises
There are several other classes of individuals who can be found on the premises.
- Invited Guests
- Licensed individuals, such as repair men or gardeners
- Trespassers who don’t belong on the property
Injuries on the Premises
Some common types of injuries in premises liability lawsuits can be due to slip & fall, dog bites, repair men falling off a ladder, exposure to hazardous material, swimming pool drownings, or diving board accidents, fires, inadequate security, & inadequate lighting in common areas. Often such injuries occur due to the negligence of the property owner.
When someone is injured on the premises, the question of Homeowners or Property Insurance which covers the premises is one of the main aspects of a legal proceeding when it comes to a premises liability lawsuit. An attorney may be required to make painstaking efforts to locate and pursue insurance coverage that will provide adequate compensation for the plaintiffs injuries and damages.
For further information see the related sections: