Author Archives: Robert Ross
Understanding the “Good Samaritan” Doctrine
THE GOOD SAMARITAN DOCTRINE APPLIES WHERE A PROPERTY OWNER CHOOSES TO ACT (IN THE ABSENCE OF A LEGAL DUTY). Sometimes, a property owner chooses to act (for example, to repair a hazardous condition on property) when he or she has no legal duty to do so. The legal rule that applies in these cases is called… Read More »
The Landlord’s Duty To Keep Property Safe for Tenants
LANDLORDS HAVE A LEGAL DUTY TO KEEP RENTAL PROPERTIES REASONABLY SAFE. The general rule in California states that every landlord has a legal duty to keep the properties (s)he owns “reasonably safe” for tenants and others who do or might enter the property. Also, the law considers anyone who visits a rental property to… Read More »
Property Owners’ Legal Liability For Negligent Hiring Decisions
PROPERTY OWNERS MAY BE LIABLE FOR INJURIES RESULTING FROM IMPROPER HIRING DECISIONS. People who own, manage, or control property in California may be legally liable for injuries resulting from the actions of negligently-selected, trained, or supervised employees. Land owners–and remember, that term includes not only actual “owners” but people who manage and control land, too–have… Read More »
Are Land Owners Legally Liable For Contractors’ Injured Workers?
If you hire a contractor to perform work on your property, and one of that contractor’s employees gets injured on the job, are you liable? Today’s blog examines this important question. GENERALLY, LAND OWNERS ARE NOT LEGALLY LIABLE FOR INJURIES SUFFERED BY THE EMPLOYEES OF INDEPENDENT CONTRACTORS HIRED TO WORK ON LAND. In California,… Read More »
The Duty to Warn of Dangerous Conditions on Property
PEOPLE WHO OWN (OR POSSESS, OR CONTROL) REAL PROPERTY HAVE A DUTY TO WARN OTHERS OF DANGERS AND HAZARDOUS CONDITIONS. As with all of the duties and obligations in premises liability law, the duty to warn applies not only to landowners and landlords, but to anyone who owns, possesses, or controls real property. People responsible… Read More »
People Have a Duty to Maintain Property And Eliminate Hazards
People who own, possess, or control property have a legal duty to maintain the land (and buildings or other structures on it) in reasonably safe condition. Many times, the duty is described as a “landowner” duty, but in reality it applies to people other than landlords and property owners alone. Anyone who has possession or… Read More »
What Duty Do Landowners Owe to Trespassers?
COMMON LAW RULES ABOUT “TYPES OF ENTRY” NO LONGER GOVERN PREMISES LIABILITY CLAIMS. Originally, California law held landlords and property owners to a different standard depending on the reason an injured person originally entered the defendant’s property. The highest level of duty was owed to “invitees” – people the owner “invited” or welcomed onto the land. The… Read More »
Can Former Owners Be Held Liable For Dangerous Property Conditions?
GENERALLY, PREVIOUS OWNERS OF PROPERTY ARE NOT LIABLE FOR INJURIES OCCURRING AFTER TRANSFER OF OWNERSHIP. Premises liability is a negligence-based cause of action (claim) which allows injured people to recover damages (normally, money) in return for injuries caused by dangerous conditions on land or, in appropriate situations, buildings and other fixtures or improvements constructed on land. In… Read More »
Who Can Be Held Liable For Dangerous Property Conditions?
Premises Liability is a legal cause of action holding landowners, or people in possession and control of real property, legally liable for injuries and damage caused by certain kinds of dangerous conditions. PREMISES LIABILITY APPLIES TO PEOPLE WHO OWN OR CONTROL REAL PROPERTY. Liability for dangerous conditions on land (and certain types of fixtures,… Read More »
An Overview of Premises Liability
WHAT IS PREMISES LIABILITY? Premises liability is a tort (a legally recognized wrong) and a form of negligence. Premises liability claims arise when people or property are injured due to a dangerous condition on or caused by real property (land and certain fixtures affixed to land). When a person is hurt or property damaged as a result… Read More »
