Premises Liability refers to the liability of certain persons for injuries and damages to others arising from the ownership or possession of real property. In California, premises liability is based on general principles of negligence and is controlled both by statute and case law.
Premises liability actions have traditionally involved "slip and fall" or "trip and fall" causes of action. Premises liability is not, however, limited to such causes of action and includes, among other things, construction accidents, dog bite cases, lead poisoning, defective and/or inoperative lighting, failure to warn of hazardous conditions, and injuries caused by the negligent or willful misconduct, or criminal acts of third persons on the premises involved. The lawyers at Adams & Corzine have handled hundreds of these types of cases over the years for both plaintiffs and defendants.
Each year thousands of construction workers are injured or killed in construction site accidents. Even though construction companies are typically obligated to inspect each site with safety engineers and provide safety programs accidents still occur. Generally, an injured worker cannot sue his or her own employer for injuries arising out of work related activities. Where the accident was the fault of the employer or the employee, or no one’s fault, the injured worker is limited to workers compensation benefits. However, if it can be shown that a third party’s negligence caused the injuries that party can be held liable. When a construction site accident occurs, the owners, architects, and manufacturers of equipment can be held responsible for inadequate safety protections. The general contractor and all subcontractors are required to provide a reasonably safe site, to warn of hazards inherent in the site and work, to hire careful employees, to coordinate job safety and to supervise compliance with safety specifications. Manufacturers of construction equipment are responsible for designing and maintaining safe products. Defective or dangerous products may include the following: scaffolding, cranes, power tools, derricks, hoists, conveyors, woodworking tools, ladders, winches, trucks, graters, scrapers, tractors, bulldozers, forklifts, back hoes, heavy equipment, boilers, pressure vessels, gas detectors and other types of construction equipment.
Dog bites can cause horrific injuries, especially in young children who are often the victim of the dog attack. California has a strict liability dog bite statute, meaning that the owner of the dog is liable if the person is bitten in a public place or while lawfully in a private place (not trespassing). It makes no difference whether the dog had ever bitten anyone before or exhibited any vicious propensities.
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