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Premises Liability Attorney
Premises Liability Lawyer
Paul E. Lee has experience in handling Premises Liability cases. If you or someone you know has been affected in the state of by Premises Liability, we can help.
The term “premises liability” refers to the liability of certain persons for
injuries and damages to others arising from the ownership or possession of
real property. In California, premises liability is based on general
principles of negligence and is controlled both by statute and case law.
As in any other negligence action, the injured person must establish the
following:
1) The existence of a duty on the part of the defendant to use due care;
2) A breach of this legal duty; and
3) The breach as the proximate or legal cause of the resulting injury.
Premises liability actions have traditionally involved “slip and fall” or
“trip and fall” causes of action. Premises liability is not, however,
limited to such causes of action and includes, among other things,
construction accidents, dog bite cases, lead poisoning, defective and/or
inoperative lighting, failure to warn of hazardous conditions, and injuries
caused by the negligent or willful conduct of third persons on the premises
involved.
In determining who is liable in a premises liability action, the crucial
elements are ownership, possession, and control of the premises. The person
who owns, possesses, or controls the premises is the one responsible for any
injuries arising from a condition of the premises.
The landowner’s duty differs based on the status of the occupier and the
visitor. There are three different legal types of visitors and the degree
of responsibility owed by the owner varies according to the status of the
injured person. The three types of visitors are:
1) Invitees or business visitors An invitee is a business visitor who is
invited or permitted to enter or remain on the land of another for the
purpose directly or indirectly connected with business dealings between such
person and the owner or possessor of the land.
2) Licensee A licensee is a person who comes onto the land of another by
consent or permission, but for his or her own purpose having no relation to
the business of the owner or occupant.
3) Trespassers A trespasser is a person who enters or remains on the land
of another without a privilege or consent to do so.
The term “invitee” is misleading. A social guest may be invited, but is
still considered to be a licensee. The distinguishing characteristic of an
invitee is a mutual business interest with the occupant of the premises,
while a licensee is on the premises for his or her own purpose.
AA-Accident Attorneys, PLC legal professionals are experienced in handling premise liability cases inside the state of California, with offices located in Southern in Los Angeles, Orange, Ventura, Santa Barbara, Kern, San Luis Obispo, Riverside, San Bernardino, San Diego counties...and in Northern in Alameda, Marin, Placer, Sacramento, San Francisco, San Mateo and Santa Clara counties, as well as Nevada and Las Vegas.
If your case involves the Federal courts, AA-Accident Attorneys, PLC has handled many personal injury cases that involved Federal court rulings for defective products and dangerous drugs. Call us today at 877.477.5477.
Watercraft Accidents Disclaimer:
This website is dedicated to providing public information regarding dangerous drug injuries, big-rig accidents, auto accidents, motorcycle accidents, personal injury, wrongful death, dog bites, nursing home negligence, insurance bad faith, product liability, amusement park accidents, toxic chemical deaths, slip and fall injuries and other legal information. AA Accident Attorneys, PLC curently serving in the following cities and counties: Santa Clara, San Jose, San Diego, Los Angeles, Riverside, San Bernardino, Pasadena, Orange County, Temecula, Palmdale, Ventura, Santa Barbara, Kern, San Luis Obispo, Alameda, Marin, Placer, Sacramento, San Mateo, El Cajon and Las Vegas, Nevada. None of the information on this site is intended to be formal legal advice nor the formation of a lawyer or attorney client relationship. Please contact a personal injury lawyer for information regarding your particular case.
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