Property owners in California must keep their land safe. If you get hurt on someone’s property, the law may hold them responsible. This applies to both public and private places. Knowing the rules can help you protect your rights. It also guides you on what to do if you suffer an injury.
What are the key differences in liability for public and private properties?
Different standards apply to public properties like parks and government buildings compared to private properties. Here are key points to remember:
- Under California Government Code Section 835, public entities must maintain their premises reasonably safe. This means they must regularly inspect and repair hazards.
- Private property owners, including homeowners and businesses, must also ensure their premises are safe. The California Civil Code Section 1714(a) requires property owners to owe a duty of care to visitors.
If you get injured on public property, you must file a claim within six months based on the California Tort Claims Act. Private property owners are also liable to fix known hazards and warn visitors of potential dangers.
How do you prove negligence while you were on the premises?
There are four elements that can support a premises liability case. You must establish these elements to build a solid case. They include:
- Duty of care: Any property owner owes their visitors a duty of care.
- Breach of duty: A property owner can breach their duty by failing to maintain safe conditions.
- Causation: The breach directly caused your injury.
- Damages: You suffered actual harm or losses.
Proving negligence can be more complex for public properties due to governmental immunities and specific procedural requirements. For private property premises liability, you must show that the owner knew or should have known about the hazard and failed to address it.
Why having an attorney could benefit you?
Navigating premises liability claims can be challenging, especially with the different rules for public and private properties. An experienced legal representative can help you present the case and prove negligence, ensuring the best outcome for you.