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Premises Liability Tag

When Property Owners Can Face Accountability After a Pool Accident

According to the Centers for Disease Control and Prevention, about ten people die every day as a result of unintentional drowning. Unfortunately, many of these drowning accidents could be prevented, as they generally occur as a result of property owner negligence. When a swimming pool accident results in serious injuries, obtaining the support of a well-versed attorney will ensure the responsible party is held accountable for the wrongful actions that led to the accident. Although liability in a swimming pool accident can be proved in different ways, here we will focus on how a property owner can face liability after...

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When a Property Owner Could Be Held Accountable for Your Injuries

Under California premises liability laws, people who have been injured as a result of the negligent management of a property may be entitled to receive compensatory damages. Establishing negligence, however, can depend on a variety of issues, including whether the owner of the establishment owes property visitors a duty of care. When negligence can be established, monetary compensation for the damages incurred from the accident can be recovered. Property Owner’s Duty of Care When an accident occurs while on another’s property, determining whether the property owner owed a duty of care to the victim is the first step in figuring out whether...

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Understanding California’s Premises Liability Laws

Premises liability laws in California are based on negligence, which is represented under Civil Code §1714(a). In a premises liability claim, the claim requires factual elements that will demonstrate the victim was harmed as a result of the defendant’s property management. The elements demonstrated will include: The accused party owned, occupied, leased, or controlled the premises; The accused party was negligent in the maintenance or use of the property; The claimant was injured; and The accused party’s negligence was a substantial contributor in causing the victim’s injury. A Property Owner’s Duty of Care Property owners in California have a duty of care...

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Premises Liability Defense for Restaurant Owners

Restaurants are, by their very nature, filled with potential risks of injury. Like many other establishments, restaurant owners and managers are expected to observe safety guidelines and regulations and warn their employees and guests of potential hazards. Accidents, however, can happen at any time and a restaurant guest can suffer serious injuries despite restaurant owners having taken all reasonable precautions. Premises Liability, As Defined By California Law Under California’s premises liability laws, a restaurant owner or restaurant manager can be held responsible for the injuries that occur in the property. When a plaintiff files a claim against a restaurant owner, he or...

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