For many years, the default rule was that you could not sue the government for any torts. A tort is a claim that you bring in court for a personal injury, property damage or wrongful death. In 1946, Congress enacted the Federal Tort Claims Act which removed government immunity is a handful of situations. Bringing a suit against the federal government entails two specific types of law.
How many times have you been out and about and had one of those moments where you almost fell? I am sure you can even remember yourself saying things at the time like, "that was a close one" or "that darn mat." What if you did fall, who is responsible then? Wet surfaces, broken pavement and rolled-up mats do have one thing in common; they are hidden dangers that retail owners and operators are responsible for. It falls to them to ensure they are safe to walk on for every person entering their place of business.
Accidents happen in retail stores in California and all other states on a regular basis. Sometimes, the accidents are purely coincidental. However, sometimes accidents occur that could have easily been prevented had business owners or managers acted with the safety of their customers as their goal. If you suffered injuries in a slip-and-fall accident at a store, what can you do?
It is easy for anyone to image that California residents are more likely to suffer from slip-and-fall accidents when the state is experiencing heavy rainfall. Rainfall can make sidewalks, floors and roadways unexpectedly slick, and Californians, many of whom are unused to heavy rainfall, can be caught unaware. As there is the chance of increased risk during rainy periods, it is the responsibility of property owners to make sure their premises are as safe as possible for visitors. If they neglect their responsibilities and a slip-and-fall accident results in an injury, a premises liability suit can be the result.
Slip-and-fall accidents and trip-and-fall accidents are among the most common types of accidents that occur due to dangerous property conditions. When these types of accidents occur, many people choose to file premises liability suits against the property owners or those who are responsible for maintaining the properties on which the accidents occurred. In most cases, the properties in question are owned privately, but what happens if an accident occurs on a piece of property owned by a California public entity?
A dangerous property condition such as a wet floor or inadequate lighting can lead to serious injuries for which the victim might be able to recover compensation from the property owner. However, when the property owner is California or any government entity, there are special rules that must be followed in order to file a lawsuit.
According to the legal theory called premises liability, a property owner can be held liable for any accidents and injuries that occur on the property. In California, a property owner's liability can be limited if the injured person was partially to blame for what happened. This is known as comparative fault.
When you go out to the local California shopping mall or grocery store, the last thing that you expect to happen is for you to get hurt. Unfortunately, customers receive injuries ranging from moderate to severe all the time while they are out enjoying their day or running errands. A person or corporation is responsible for keeping their property free of conditions that might be hazardous to visitors. This is known as premises liability and, when it is violated, victims can sue property owners for their negligence.
California and much of the country is currently in the grips of a scorching heat wave. In combination with the state's present drought, it may seem like the heat will never end. It is especially crucial during these times to stay cool and hydrated to avoid heat sickness or even a heat stroke. But when you are in a building, does premises liability come into play?
Some cases involving premises liability involve relatively minor injuries such as those sustained in a slip-and-fall. But some premises liability cases involve much more serious injuries and even death. A recent example is the balcony collapse in that killed six University of California students.