Premises Liability

Premises liability is the area of law that holds property owners legally responsible for any injuries sustained on their grounds. Slip and fall accidents represent a significant portion of all premises liability claims. However, the scope of premises liability law is much broader, encompassing injuries sustained as a result of toxic substances on the property, property defects, and more.

If you have been injured on someone else's property, you may be eligible to file a premises liability lawsuit to recover your damages. To ensure that your legal rights are protected, it is important to contact a qualified attorney as soon as possible. Please contact San Diego premises liability attorneys O'Mara & Padilla today for a complimentary consultation with an experienced attorney who can evaluate your case and determine your eligibility to file a claim.

Premises Liability: Who's at Fault?

Determining who is at fault in a slip and fall accident or other premises liability case is never a clear-cut process. Laws vary from state-to-state and many determine liability based on the status of the person injured — that is, whether or not the person was lawfully on the property. The three primary types of visitors to a property are:

  • Invitee. An invitee is a person who was either explicitly or implicitly invited to enter and/or remain on the premises for business or commercial purposes. For example, customers to a store are considered invitees.
  • Licensee/Social Guest. A licensee/social guest is someone who has received explicit or implicit permission to enter the property for purposes other than business or commerce. A visitor to another person's home for social purposes may be considered a licensee/social guest.
  • Trespasser. A person is considered a trespasser when he/she unlawfully enters another person's property without any consent whatsoever—implied or explicit—and for his/her own purposes.

Premises liability laws outline certain responsibilities and standards of care that property owners must meet to ensure the safety of their visitors. However, these laws are largely based on whether or not the visitor had a legal right to be on the property. Also, visitor status is not the only factor considered when determining liability. Because liability laws are so complex in premises liability cases, individuals who have been injured on another person's property should always consult with an attorney.

How We Can Help With Your Premises Liability Case

We know the law and have used their extensive experience to help clients in San Diego and surrounding counties obtain the justice and money they deserve for their suffering and losses. If you've suffered injury on someone else's property, we can help you understand your legal rights and options. Please contact us today for a no-cost consultation with a skilled and trusted premises liability attorney who can ensure your rights are protected.