JLF FIRM ARTICLES AND NEWS
Are There Different Premise Liability Laws For Public Versus Private Property
Shockingly in the United States, there are approximately 40 million physician visits each year for unintentional injuries. Unfortunately, many of these accidental or deliberate injuries occur because of someone else’s negligent actions. An unintentional injury can leave you with financial and physical losses, as well as feeling upset and confused. If you were injured on private or public property in California, you might be able to file a claim for compensation.
A California injury attorney could help you file a premise liability claim if you were injured because of negligence while on public or private property. However, the process is complex, and there are some differences between premise liability laws for private and public property.
Private Property Premise Liability In California
It can be difficult to determine who is actually at fault in a premise liability case. However, according to California Civil Code 1714(a), everyone is responsible for his or her willful actions, and all property owners have a duty of care. Additionally, a property owner is responsible for any injuries that have occurred due to his or her negligent actions in the management of his or her property or person.
All premise liability lawsuits in California require an injured individual to prove that they were injured due to the negligent actions of a property owner or manager. In all instances, the injured party must prove four key points:
- They were hurt.
- The defendant acted negligently regarding the use of the property where the plaintiff was injured.
- It was primarily because of the defendant’s negligent actions that the plaintiff was injured.
- The defendant was responsible for leasing, owning, or occupying the property where the incident and injuries occurred.
Additionally, a private property premise liability lawsuit has to be filed within two years of the incident taking place under California law.
Public Property Premise Liability In California
Public property premise liability law differs slightly from private property premise liability law in California. It is important to note that public premise liability law protects public entities to a greater extent than private property premise law. That said, California Government Code Section 835 states that in order for a plaintiff to file a lawsuit against a public property, they need to prove either one of two things:
- The plaintiff will need to prove that their injuries occurred because a public employee created a dangerous condition while acting within the scope of his employment duties.
- The plaintiff will need to prove that the public entity had prior knowledge of the hazardous conditions and chose to ignore the danger. By doing this, the plaintiff sustained injuries on the public property.
Unlike with private property premises claims, a person needs to file a public property premise lawsuit within six months of the incident occurring. If a claim is not properly initiated within this time frame, the injured party might lose the right to seek compensation.
Contact An Injury Attorney Today To Talk About Your Premise Liability Lawsuit
Premise liability lawsuits can be incredibly challenging to navigate on your own. Hiring a Californian injury lawyer to assist you with a public or private premise lawsuit would likely result in a more successful outcome. With the differences in public and private premise liability laws in California, you will save yourself time and money if you consult with an attorney.