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What is a property owner’s duty of ordinary care in California?

California residents should be safe when visiting a property, but a slip-and-fall accident might occur and result in injury. Property owners have a duty of ordinary care to ensure that this doesn’t happen.

What are the premises liability laws in California?

California property owners have an ordinary duty of care to ensure that their property is kept in a reasonably safe condition. If there are any hazards that could potentially lead to a slip-and-fall accident, they are obligated to warn visitors and guests of the dangers.

Ordinary duty of care means that property owners are expected to properly maintain the premises, including the areas around it. They are expected to inspect the property and make any necessary repairs to fix conditions that could be dangerous and lead to accidents. Property owners are also required to provide warnings of potential dangers on the property that might not be easily seen.

If a property owner fails to provide an ordinary duty of care and someone suffers injuries, the owner can be held liable. The elements of a premises liability lawsuit include the following:

  • The property owner was negligent in not providing an ordinary duty of care to prevent accidents and injuries.
  • The victim suffered harm as a direct result of the property owner’s negligence.
  • The negligence directly led to the victim’s injuries.

What damages can be recovered in a premises liability claim?

People who experience slip-and-fall accidents that leave them injured while visiting a property have the right to recover compensation. If it’s determined that the property owner behaved negligently, then the injured party may be able to recover the following damages in their claim:

  • Medical bills and ongoing medical treatment
  • Lost wages and lost earning capacity
  • Physical therapy
  • Scarring or disfigurement
  • Pain and suffering

If you’re injured while legally visiting a property due to a breach of ordinary duty of care, you should be able to hold the property owner liable. Their homeowners or liability insurance may cover your losses.

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