Million Dollar Advocates Forum Million Dollar Advocates Forum

MILLION DOLLAR ADVOCATES FORUM
MULTI-MILLION DOLLAR ADVOCATES FORUM
The Top Trial Lawyers In America

Andrew Swartz and Michele Kennedy are both members of the prestigious Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. Each has won million and multi-million dollar verdicts and settlements. Fewer than 1% of U.S. lawyers are members.

In 2017 Ms. Kennedy recovered one of the top settlments in California (16th highest recovery)

AV Preeminent

Premises Liability

Quick Overview

Landowners and tenants, managers of property, or anyone with control over property, can all be held responsible when injuries occur on their property. They have a duty to inspect their property and are obligated to make the property safe or warn visitors of any dangerous condition on their property. They must also take the necessary precautions to protect people and they must adhere to safety guidelines and procedures in order to prevent harm or injuries. If negligence on the part of a landowner, tenant, manager or entity in control of the property is proven, it can be liable for the victim’s accident and is responsible for fairly compensating a victim for damages suffered. As with car accidents and other kinds of personal injury claims, proving negligence and determining a fair compensation is difficult if not impossible without professional legal advice.

Landowners and Liability

Premises liability law states that the landowner, tenant, manager, or entity in control of the property, whether it is commercial, agricultural, public, or residential, has a duty to maintain the property in a safe condition. They are responsible for taking the necessary acts to make their property safe for others. The duty of the landowner, tenant, manager or entity in control, is to inspect the property to ensure that visitors are not exposed to potential and preventable harm. When landowners, tenants, or managers fail to do this, injured visitors may file a premises liability or personal injury claim due to the unsafe condition.

An unsafe condition may include holes in the ground, uneven walking surfaces, drops in elevation that are not easily visible, inadequate lighting, conditions of disrepair, conditions that violate the building code, or any other unsafe conditions on the property. It may also include retail goods or equipment that are not secured safely (and fall on the visitor) or not safely maintained. Wild and domestic animals, including dogs jump on, attack or bite visitors to the property, may also be the fault of the landowner, tenant or manager of the property in addition to the owner’s liability. These animal injury situations are also considered to be premises liability claims. Each injury situation must be evaluated for the legal responsibility and duty of the landowner, tenant, manager, or person in control of the property in order to recover for the injured victim.

Legal Help for Premises Liability Claims

Liability can vary based on the visitor's conduct and on the laws or regulations governing a specific type of business or property. It is extremely important that you consult a qualified lawyer from our firm to investigate the landowner, tenant, and manager, who controls the property, the history of the property, the physical condition of the property, and applicable laws and safety regulations in order to prove the extent of the danger and all the parties who are negligent and caused the unsafe condition. Once your case has been assessed, our firm will work quickly and aggressively on your behalf.

Contact SWARTZ & KENNEDY for the representation you need.