Premises Libability In General
Do you need the services of a competent personal injury attorney in Southern California including Los Angeles and Orange County as the result of a premises liability incident? The lawyer in our Orange County office has experience with premises libaility actions. If you have been injured as a result of an accident on someone's property you should consult an attorney in order to make sure that your legal rights are protected. The lawyer in our office would be happy to assist you with your civil legal problem such as a personal injury action. If you require the services of an experienced attorney, please feel free to contact a personal injury lawyer in our Orange County office for a consultation regarding your legal issue.
Possessors of land-actual or constructive possession
1. Plaintiffs injured outside the land
2. Plaintiffs injured on the land
a) Condition
b) Activity Rule for conditions on the land
1. no duty for natural condition
2. if its artificial-ordinary duty Condition-some passive state on the land Activity-some kind of active conduct by possessor Majority If its on the natural no duty Minority If its on the land the possessr of land owes an ordinary duty of care: Majority of courts-made exception to natural and artificial Rule-a tree that grows from an artificial if planted i.e., if its an urban tree-ordinarily duty Activity-owe normal duty of care
When talking breach analyze the possessor • 1st question are 1 of these satisfied? Foreseeability is not an issue. RULE In the great majority of jurisdictions, possessors of land owe a limited duty to trespassers on the land
1) Activities on the land-an ordinary duty of care once the presence of the trespassers has been discovered or the activity is in an area where the possessor knows trespassers frequently intrudeall about duty/analyze before breech & proximate cause/there is a duty if answer is yes. Foreseeability not issue for trespasser/Everyone but the landlord./Subjective what the Defendant knew, Possessor actually has to know of the presence of a trespasser. Until the possesspr discovers the presence of trespasser the possessor does not owe any duty -Subjecting trespasser to any unreasonable risk if harm if duty is only to warn/Hidden is one which Defendant should have known trespasser would not discover/duty of reasonable care to warn, not absolute duty to warn (not strict liability)/The duty exists at the moment of discovery & not preexisting, cannot define their reasonableness at what they did prior to discovery, special relationship if in control pf the instrumentality
2) Conditions on the land-a duty of care to warn of known dangerous to hidden conditions once the presence of the trespassor has been discovered or the condition is in an area where the possessor knows trespassers frequently intrude 2/2/98
RULE Tespassily children-the possessor of land owes an ordinary duty of care to trespassing children for an artificial condition on the land if:
1. the condition is in an area where the possessor knows children are likely to trespass; and
2. the children because of their youth are not aware of the risks created by the condtion -Old rule. this is the new rule it provides a heightened protection. No liability if it is a natural condition/forget foreseeability
3. Status of trespassers a) trespasser b) licencee c) invitee
RULE • The duty that one owes an invitee is an ordinary duty of care. An invitee is one who is invited to enter Defendant’s land for commercial dealings with Defendant.
• The possessor or land owes an invitee an ordinary duty for both activities & conditions on the land. Conditions Activity Invitee ord ord Trespasser limited limited Licensee maj-limited ord Min-ord Not necessary that they would frequently trespass but that they were likely to trespass then analyze breech, etc. Police=licensee Friend of friend=licensee? Loiterer-Licensee-not invited but permitted 2/4/98 RULE For activities on the land, the possessor of land owes a licensee an ordinary duty of care. For conditions on the land, a slight majority of courts impose a limited duty of care to warn a licensee of known dangerous & hidden conditions. A large & growing minority of courts treat licensees the same as invitees. Hidden Dangerous Does possessor know of the nature of the condition? Does it impose a significant risk of a significant injury to others on the land? No failing to warn (ordinary limited) or not failing to make it safe (ordinary?) some invitees can be unforeseeable Plaintiffs. A statement can remove implied consent. 2/9/98 If you start as an invitee doesn’t mean you will maintain the status of an invitee. (beyond the area of invitation) Responsible for 486-489 If you have to by law provide a restroom-person is invitee. In CA there is no distinction & all are owed an ordinary duty of care. (only a small minority have abolished all 3 distinctions) A lessor owes the lessee & his or her invitees & licensees the following duty:
• The same duty as the possessor to persons outside the land for conditions existing when lessor transferred possession.
RULE 1. A duty of care to warn the lessee of known dangerous & hidden conditions existing at the commencement of the lease. 2. An ordinary & continuing duty of care for parts of the land remaining under lessor’s control. 3. An ordinary & continuing duty of care for those conditions on the land which the lessor contracted to repair. Once the tenant discovers the condition, the duty causes & there cannot be liability. Discovery or should have discovered? Should have? With exception if landlord concealed the dangerous condition, the duty continues until lessee discovers.
• The landlord owes no duty unless he fits into 1 of these 3 categories • There are 2 arguments (breach) if you can get pass. #1 you have breach?
Do you need the services of a competent personal injury attorney in Southern California including Los Angeles and Orange County? The lawyer in our Orange County office has experience with civil tort actions including personal injury law. If you have been injured or civilly wronged by someone and have sustained damages as a result you should consult an attorney in order to make sure that your legal rights are protected. The lawyer in our office would be happy to assist you with your civil legal problem such as a personal injury action. If you require the services of an experienced attorney, please feel free to contact a personal injury lawyer in our Orange County office for a consultation regarding your legal issue.
