What Constitutes Premises Liability

It happens to the best of us. You're walking in a public place, and you don't notice that there is something on the floor. Down you go, slipping on the spill! If you are in California, then you, the victim, have a right to be compensated if the condition, which caused the fall and injuries, arose from the carelessness of the business owner. Long acknowledged in California and throughout the country, this is generally known as the law of "premises liability."

More often than not, a business owner or operator is accountable for a hazardous condition when they are aware of it and fail to correct it or to warn patrons. This also applies to any business owners that should have been aware of the condition due to reasonable, regular inspections of the property. The law regards this information as vital to enforcing liability, and the "notice" may be either actual or constructive.

"Actual notice" of the danger is when the property owner is the person primarily responsible for creating the dangerous situation. If the retailer does not comply with the Uniform Building Code when installing a handicap ramp, then the retailer is held responsible for any damages that are the result of an accident. It will be presumed that the retailer was aware that the ramp was not in compliance with the law, and hence need not be proven. The employees of a business or their manager can be held liable for a dangerous condition at their place of operation if they were aware of the dangerous condition, but did nothing to relieve it, not only if they were who caused the condition.

When the condition has existed for such a long period of time that it should have, on reasonable inspection, been discovered, that is when constructive notice occurs. Any accident that occurs on a property becomes the responsibility and fault of the property owner, if liquid spilled on the floor remains there for a long period of time. From its condition, it is possible to find proof as to how long the danger had existed. It is likely that enough time has passed to enforce constructive notice where a spilled liquid is partially dried, has footprints or tracks through it, or was seen well before an accident. The reason that the property owner is eventually found liable for an accident is his/her own failure to discover and correct the dangerous spill.

Failing to warn people entering their property of a potentially unavoidable danger is, perhaps, one of the most common mistakes made by the operator of a business. Many businesses are very dangerous, but warnings should always be posted to ensure that everyone is aware of them. The obligation of a business is not only to resolve the problem, but to warn the people. This situation is important for business owners that make use of dangerous chemicals or if the business experiences regular spills. Failure to warn patrons of a particular area of the pool that is often slippery or wet, for example, could be considered negligent for the business owner, especially if it is not easily detected otherwise. Also, when a potentially hazardous chemical is being used, particularly one that is not easily detected, a business owner would be negligent not to warn consumers of possible danger.

Business owners may be held liable for accidents that occur on their property, even when the injury or harm is caused by a third party rather that the property owner. For instance, when a bar owner knows of a dangerously violent patron, he needs to take steps to protect others on the property or else be held liable if an assault occurs. Regardless of the type of business, this holds true, just as long as the operator is aware or should have been aware of the violent propensity of the patron.

Every case of premises liability is exclusive and the harm can be endless from the potential causes. A fair result can be obtained through the facts and law by using the help of an experienced premises liability attorney.

About the Author:
Paul W. Ralph, an Orange County personal injury attorney, is dedicated to helping his clients get the justice and compensation. Also known as an Orange County "slip and fall" attorney, he helps victims feel less victimized. He is well known for winning premises liability cases, Orange County auto accident injury lawyers, and for helping his clients achieve desirable results.