Premise Liability Based on Negligence Requires Proof
California Code Section 1714 provides for a cause of action for personal injuries arising from the negligence of others. Negligence, in the context of premises liability, is proven by the injury victim when it can be shown that:
- – The property owner had a duty to protect the the victim from dangers on the premises;
- – The property owner breached his or her duty of care;
- – The property owner’s breach caused the victim to suffer injuries; and
- – The victim has suffered injuries.
Premises liability negligence can include negligence regarding hazardous conditions on the property, dangers that are hidden on the property, man-made hazards on the property, and the negligent management of the property.
When Does A Property Owner Owe a Duty To An Injury Victim?
In most situations, an Oxnard property owner owes at least some duty of care to protect visitors from danger and harm while on the premises. The context of the visit determines whether the property owner owed a duty of care under premises liability in Oxnard. California case law provides that visitors to a property are classified in three ways, and each classification of visitor garners its own duty of care from property owners.
- – Victim was a trespasser. If the victim was trespassing on the property owner’s land without permission, then the property owner generally has no duty to protect the trespasser from harms on the property, except for a few limited circumstances, such as:
- – If the property owner knew of a danger on the property and also knew that trespassers had been on the property and would likely encounter the danger; or
- – If the property owner created a hazard on the property.
- – Victim was a guest. Guests of the property are owed a certain degree of protection provided by property owners, which includes a duty to:
- – Inspect the property for hazards routinely;
- – Make safe any known hazards; or
- – Warn guests about the existence of the hazards on the property.
- – Victim was an invitee. When the property owner explicitly entices or encourages visitors to come to their property, such as a store owner, dining establishment, or place of entertainment, property owners have a duty to keep invited visitors safe from danger.
No Duty To Disclose Open and Obvious Hazards
A property owner is under no obligation to warn visitors on their property about open and obvious hazards on the premises. Rather, the open and obvious nature of the hazard in and of itself serves as a warning to visitors that danger is present.
Contact A Premises Liability Attorney In Oxnard
If you are injured as a guest or invitee on a property, you may have a personal injury claim based on premises liability. Attorney Trevor Quirk and the Oxnard personal injury attorneys of the Quirk Law Firm, LLP, have helped many clients with their premises liability claims over the years, and we can help you too. Contact us today at 805-650-7778 for assistance with your Oxnard premises liability case.
This Blog Was Provided By:
Ventura, California 93003