PREMISES LIABILITY FOR COMMERCIAL PROperty
In California, the owner and tenant of a commercial property have a duty to exercise ordinary care in the management and maintenance of the premises in order to avoid exposing persons to an unreasonable risk of injury. If a person is injured on a commercial property and it is determined that the injury was the result of the owner and/or tenant’s lack of ordinary care of the property, the owner and/or tenant could be liable for premises liability and be ordered to pay the injured party damages. Liability in premises liability actions is based not on responsibility for the conduct of others, but on the failure of the owner or tenant to act reasonably under the circumstances when he/she/it has reason to anticipate the probability of injury and has an opportunity to prevent the injury or warn of the dangerous condition.
Often the owner or tenant will have insurance coverage in place to handle premises liability claims, but that is not always the case, and even if insurance coverage exists, there could be a high deductible and/or a money judgment that exceeds the limits of the insurance policy, thereby exposing the owner or tenant to a substantial monetary loss. Therefore, it is important for a commercial property owner and tenant to be proactive in ensuring that their premises is free of any defects that could foreseeably cause injury to someone or provide an unreasonable risk.
More often than not, when people think of a premises liability claim, they think of your classic “slip and fall” case wherein someone enters a commercial premises, e.g. a grocery store, and injures themselves when they slip or trip on something. However, premises liability claims can come in many different forms, e.g., building code violations, inadequate security, broken sidewalks or parking lots, defective elevators, dog bites, balcony collapse, faulty or unsound structures, inadequate fire safety, swimming pool injuries, unsecured electrical cords, inadequate snow or ice removal, toxic chemicals or fumes onsite, explosives, asbestos, mold, etc.
Premises liability is a form of negligence. Therefore, if a premises liability claim ends up in Court, the injured Plaintiff must prove that: (1) the Defendant owned, leased, occupied, or controlled the property; (2) that the Defendant was negligent in its use or maintenance of the property; (3) that the Plaintiff was injured; and (4) that Defendant’s negligence was a substantial factor in causing the Plaintiff’s harm. If the Defendant is found liable, the Plaintiff’s damages can consist of their past and future medical expenses, past and future lost wages, pain and suffering, court costs, expert witness fees, etc. Moreover, a Plaintiff could recover punitive damages if he/she can prove that the Defendant’s conduct was reckless, malicious or rose to some level of extreme indifference toward the Plaintiff. Typically, attorney’s fees are not recoverable in a premises liability lawsuit unless there is a written contract between the injured Plaintiff and the Defendant(s) that includes an attorney’s fee provision. Any claim for premises liability must be filed in Court within two (2) years of the date of injury.
Two of the most common defenses to premises liability lawsuits are that the owner or tenant did not have possession or control of the property where the injury occurred. For example, if the owner leased the property to a tenant and the injury occurred inside the tenant’s premises, the owner of the property may have a defense that they did not possess or control the property and therefore, did not owe a duty to the injured Plaintiff. A second common defense is that the owner or tenant did not have knowledge of the dangerous condition and therefore did not owe a duty to the injured Plaintiff to warn him/her about the hazard. Also, a Defendant could raise as a defense that the Plaintiff was not injured or that the injury was a pre-existing condition.
Premises liability claims are complex and can have substantial adverse consequences to a commercial owner or tenant. Therefore, it is important to consult with an attorney in the event you are dealing with a premises liability claim. The attorneys at Blake Law Firm are experienced in litigating premises liability claims involving commercial property.
Premises Liability is a complex and detailed statutory structure. The information above is by no means exhaustive, and does not, and is not intended to, constitute legal advice. All information, content, and materials are for general informational purposes only and do not create an attorney-client relationship. The experienced and knowledgeable attorneys at Blake Law Firm are available to help you navigate Premises Liability, foreclosures, and other real property concerns.