In a San Diego County slip and fall case that happened on commercial property, many people or entities may be held responsible for someone's injuries. For instance, if a business rents
space from a property owner, the property owner, and the tenant (the business) may be named defendants in a lawsuit filed in San Diego County Superior Court by someone injured on said property. In that case, the tenant is known as a possessor of the property and has a duty to use reasonable care to prevent injury to those on the premises under its control (what it should have done to avoid the slip and fall injury). A possessor might also be a party who manages or maintains the property, such as a management company.
Special Rules on San Diego Residential Property Slip and Fall Accidents
Under California law, landlords may be held liable to tenants or third parties for slip and fall injuries on rental property in residential settings. Special rules do apply, and to hold a landlord responsible for an injury, a tenant must show that:
- The landlord had control over the condition that caused the slip and fall;
- Repairing the condition would not have been unreasonably expensive or difficult;
- A serious injury was the foreseeable consequence of not fixing the condition; and,
- The landlord's failure to take reasonable steps to avoid an accident caused the tenant's slip and fall injury.
Special Rules with California Government Property and Slip and Falls
Under California law, special rules will apply when a slip and fall injury occurs on property owned by a local, state, or federal government entity (California). Specifically, very stringent notice requirements and broad immunity provisions sometimes shield government entities from liability for injuries on their property.
Getting Help for San Diego County Slip and Fall Injuries
If you have been injured in a slip and fall on someone else's property and are considering a legal claim against those who were at fault, you should discuss your potential case with an experienced attorney soon, especially in light of the time limits in which injured persons may file a personal injury lawsuit. Mark C. Blane is a San Diego Slip and Fall Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Premises Liability Law Firm devoted to representing families of injured persons of automobile accidents. If you or someone you love has been injured or killed in San Diego County or Southern California due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It contains helpful information, insights, and secrets that will help you protect your legal rights. It normally sells for $16.95; however, it is free to all California residents or those injured in a California accident.