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Premises Liability

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Premises Liability

In California, premises liability law is based on proof of negligence by the owner or possessor of the property. California Civil Code 1714 covers the obligations of property owners to provide "ordinary care" and states that everyone is responsible for this obligation. Injuries that are covered under this law are caused by a lack of ordinary care that caused harm.

 

To pursue a premises liability personal injury claim against a property owner, the following key components must exist:

  • The property is owned or possessed by the defendant

  • The defendant was negligent in providing "ordinary care" to prevent injury

  • The plaintiff was harmed due to the negligent care of the property

  • The negligence was a substantial factor in the cause of injury