Just because it happens on your property, or involves something else you own or control, doesn’t mean that you will be responsible for injury or damage that occurs to someone or something, while on your property. I’m mainly talking about money damages to be owed by you, from an injury or some other damage. As in any such claim for damages, the person damaged must show that you had a duty to protect them from the particular harm that they suffered, and that such harm was foreseeable if you would fail to do your duty. In other words, it will have to be shown that you were negligent. That’s not always so easy because, when it comes to this particular area of the law, which is generally referred to a “premises liability,” it will be necessary to show something else.
A person who owns or otherwise controls a piece of property, must actually know, or be in a position to know, of the dangerous condition that could reasonably cause a particular harm. The word “cause” is very important; because the injured person will have to show that the dangerous condition actually “caused” the claimed injury; and that there weren’t any other causes. If other causes are found, responsibility must be shared by all the causes, and in a percentage equal to the influence of each cause.
Law Office of William R. Lively and Associates are located at 23300 Cinema Dr in Valencia. For more information, please call 661-287-3600 and visit www.livelylegal.com.