Hidden Dangers: Protecting Yourself from Premises Liability Hazards

In California, property owners have a responsibility to keep their premises reasonably safe for people who enter their land. This legal concept is known as “premises liability.” When a dangerous condition on someone’s property causes injury, the property owner may be legally liable. Premises liability laws are designed to promote public safety and compensate victims.

As a visitor, customer, or passerby in California, you need to be aware of potential hazards that could exist on properties you access. This article will explore premises liability risks, your rights, and how to protect yourself from harm.

Potential Hazards on Private Properties

There are many dangers that can exist on private properties, both residential and commercial. Here are some common hazards to watch out for:

• Slip, trip and fall hazards – Uneven floors, lack of railings on stairs, cluttered walkways, and spills can lead to painful and costly falls. Wet, slick surfaces are especially hazardous.
• Inadequate security – Poor lighting, broken locks, and lack of security patrols can create unsafe conditions and opportunities for crime.
• Poor maintenance – Things like broken concrete, unsecured railings, malfunctioning elevators, and electrical issues can pose serious physical hazards.
• Inadequate warnings – Properties lacking proper signage for dangers like wet floors, construction zones, or rough terrain can lead to accidents.
• Swimming pool risks – Lack of fencing, absence of life-saving equipment, and lack of supervision around pools can lead to drownings, particularly for children.
• Dangerous animals – Dog bites, bee stings, snakebites, and disease-carrying critters can inflict physical harm on visitors.
• Exposure to toxic substances – Asbestos, lead paint, chemical spills, and mold can impact air quality and health.
• Unsafe playground equipment – Broken swings, slides, and climbers put children at risk for head injuries and broken bones. Sharp edges are also hazardous.
• Malfunctioning products – When retail stores fail to properly maintain equipment like escalators and elevators, injuries can occur.
• Construction site accidents – Loose scaffolding, open trenches, and unmarked hazard zones endanger workers and the public at construction sites.
• Fires and slips in restaurants – Grease fires and slippery, greasy floors present hazards for restaurant customers. Poorly maintained appliances can also cause burns.

Your Rights Under California Premises Liability Law

In California, the law requires property owners to exercise reasonable care to keep lawful visitors safe. If they fail to do so, they can be sued for any injuries or damages that occur. The strength of your premises liability case will depend on two key factors:

1. The legal status of the injured person – There are three categories under California law: invitee, licensee, and trespasser. Invitees like customers have the highest protection. Property owners must make reasonable inspections and either repair dangers or provide adequate warning. Licensees and trespassers have less legal protection.
2. Whether the property owner acted negligently – In order to prove negligence, you must show that a dangerous condition existed, the owner knew or should have known about the hazard, the owner failed to correct the hazard or provide warning, and this failure directly caused injury.

Protecting Yourself from Premises Liability Hazards

When visiting properties in California, use these tips to avoid accidents:

• Be alert – Pay attention to your surroundings and look out for any safety issues, spill hazards, danger signs, uneven surfaces, debris, poor lighting, unsecured railings, among other issues. Don’t be distracted.
• Wear appropriate footwear – Choose sturdy shoes with slip-resistant soles to avoid slips and falls, especially when visiting businesses with slick surfaces like grocery stores.
• Use handrails and avoid rushing – Hold onto handrails when using stairs or ramps. Take your time. Rushing increases your chances of falling.
• Look for hazards if you will be walking at night – Take a small flashlight if you’ll be walking on private property after dark so you can spot debris, holes, and other dangers.
• Keep children close in public areas – Don’t let young kids wander away from you in restaurants, stores, malls, or recreational facilities. Keep them within arm’s reach.
• Report concerns – Notify the property owner or manager right away about anything that looks hazardous, broken, or in need of repair. They are responsible for fixing issues.
• Heed warning signs – Respect signage that highlights risks like cautioning that walkways may be slippery when wet or that hardhats must be worn beyond a certain point.
• Avoid restricted areas – Don’t enter any area marked as restricted, employees only, do not enter, or any other prohibitive warning. These areas likely have dangers.
• Follow posted rules – Adhere to all rules and warnings posted on signs at recreational facilities, pools, play areas, and other sites. These promote safety.
• Get medical help for any injuries – If you get hurt due to an unsafe condition, always get medical attention right away, even for minor scrapes and bruises. This creates important documentation.
• Consider legal help – For serious injuries like broken bones, dog bites, spinal injuries, head trauma, or toxic exposure, consult a qualified personal injury attorney to determine if you have a viable premises liability claim in California.

What Compensation Can You Receive?

If you or a loved one suffers an injury on private property in California, you may be entitled to the following damages:

• Medical expenses, both current and future – This includes hospital bills, ambulances, medications, assistive devices like wheelchairs, and physical therapy.
• Lost income – Any wages lost due to missing work during recovery are eligible for reimbursement.
• Loss of future earning capacity – If the injury impairs your long-term ability to work and earn as much, you can seek these future lost wages.
• Pain and suffering – You can receive damages for physical and emotional distress caused by the accident and injuries.
• Punitive damages – If gross negligence caused the accident, you may receive extra punitive damages to punish the property owner.

Take Action If You Get Injured

No one expects to get injured while going about their day. But if the negligence of a property owner results in harm to you or a loved one in California, don’t suffer in silence. The experienced premises liability attorneys at Rush Injury Law can help. We will evaluate your case at no cost and discuss all legal options. Our goal is obtaining maximum compensation so you can move forward. Don’t wait to get the justice you deserve. Contact our legal team today.

Visit us at one of the following locations:

• 10 Commercial Blvd, #206 Novato, CA 94949
• 75 Broadway #202, San Francisco, CA 94111
• 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403

Or call us today for a free consultation on (415) 897-4801.