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SLIP
/ TRIP AND FALL - DANGEROUS AND UNSAFE CONDITIONS
Go to Home PageCHRISTIAN-ATTORNEY.NET Return to Areas of Practice PREMISES LIABILITY LAW: A Possessor of land has a duty to use reasonable care to maintain his or her property in safe condition or, alternatively, adequately warn of the danger. “Premises” means land, the building on the land, or other structures on land. “Possessor” means the person who owned, possessed or controlled the Premises. Isaacs v. HuntingtonMemorial Hospital (1985) 38 Cal.3d 112, 134; Alcaraz v. Vece (1997) 14 Cal.4th 1149, 1162. A Possessor is liable by negligently using and/or maintaining the premises which causes harm to a person or property (See CACI 1000). Negligent means that the Possessor did not exercise “ordinary care or skill in the management of his or her property or person…[CA Civil Code § 1714(a)] thereby exposing persons to an unreasonable risk of harm. (Brooks v. Eugene Burger Management Corp. (1989) 215 Cal.App.3d 1611, 1619; (1997) 14 Cal.4th 1149, 1156. Stated another way, the Possessor must use reasonable care to keep the Premises in reasonably safe condition or adequately warn of the danger. Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666, 674. Thus a Possessor has a duty to use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of the unsafe condition. “The proper test to be applied to the liability of the possessor of land ... is whether in the management of his property he has acted as a reasonable man in view of the probability of injury to others ....” (Rowland v. Christian (1968) 69 Cal.2d 108, 119. See also Premises Liability. EXAMPLES: Dangerous conditions come in a myriad of forms: I will identify a few examples: An old banana on floor for a long time (Seriously, this kind of thing does happen); a collapsing balcony; a sudden elevation rise on a sidewalk; a stairway that is not built to code; a tripping hazard; an attractive nuisance (often involving minors and children); slippery substances on the floor at a store; a leaky refrigeration system at a grocery store; bottles or boxes falling off of a shelf and striking a passing shopper; a falling tree; a falling object; inadequate lighting; lack of warning sign; failure to secure the premises; failure to take reasonable safety precautions; an amusement park ride that malfunctions, etc. See also Fire, Explosion, and Electrocution. If you've been the victim of a premises liability incident, contact Christian lawyer, Matthew B. Tozer for a free consultation. Disclaimer: The information provided in this article is informational, only. The subject matter and applicable law is evolving and/or constant state of change. This advice is based on California law. No legal advice is given and no attorney/client or other relationship is established or intended. The information provided is from general sources, and I cannot represent, guarantee or warrant that the information contained in this website is accurate, current, or is appropriate for the usage of any reader. It is recommend that readers of this information consult with their own counsel prior to relying on any information on this website. Return to Areas of Practice |