The significance of knowing about a danger on one’s own property

Law Office of Reuben J. Donig
September 5, 2018

Homeowners throughout California may have a laundry list of items that they want to take care of in their own residential properties. For example, they may want to paint the bedrooms in their homes, fix the loose flooring in the bathrooms, and replace exterior lights that just do not work. While some of these projects are purely aesthetic, others may pose safety risks to those who come onto the properties.

A property owner may know where not to step to avoid tripping in their home but the same may not be true for a person who visits them. In general, property owners are tasked with fixing or making known the dangers that they know about and that pose risks to other people. If it is reasonable for a property owner to be aware of a danger and they do nothing to protect a visitor from it, they may be liable for that visitor’s injuries if they are harmed.

Many cases of premises liability are decided on the facts and circumstances relevant to the injury-causing incidents. A court may interpret two sets of facts regarding owners’ knowledge about potential dangers differently and may come to different conclusions regarding liability for homeowners.

After a premises liability accident a victim should seek medical attention for the harm they suffer and legal guidance to learn about their rights. They may have claims to recover their damages if the owner of the property where they were hurt knew or should have known about the danger that caused them to suffer physical pain and suffering. This post is not intended to provide legal advice and readers can seek their own counsel to pursue their own premises liability causes of action.

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