This can be an extremely complicated area of law dealing with liability as a result of a person or a company maintaining a dangerous condition on their property that causes an injury. As you see some of the very basic elements to this type of a claim, you should come to the conclusion that you'd be best-served by having a work injury attorney with Robert Mansell's experience help you get the recovery you deserve.

Elements of a Premises Liability Claim

1. A possessor of land has a duty to keep it safe.

A possessor is determined to be liable based upon whether or not in the management of that person's property he or she has acted as a reasonable person in regards to the probability of injury to others

• a. Foreseeability of potential harm is the key factor in determining fault
• b. Circumstances that cause a possessor to be liable include:
  1. Dangerous conditions on premises, such as rotted floor boards.
  2. There is a duty to protect from the conduct of third persons, so if you are in a store and another customer is throwing banana peels on the floor, the owner or manager must take reasonable steps to prevent this from continuing.

2. The possessor must breach whatever level of duty is appropriate to the situation.

In other words, a reasonable person must have acted differently in the same situation.

3. The injured person must be able to show actual damages.

Examples of this include lost wages, medical bills, and if the conduct that led to the injury was intentional, punitive damages can be available in certain situations.

4. The damages and injury must be caused by the condition of the premises and the possessor's failure to either fix the problem or warn people about it.

There are also several defenses available within the realm of premises liability, but as you see, this is not an easy claim to manage. Work injury attorney Robert Mansell has been managing these types of claims in the Los Angeles area for over 20 years, so please understand that there simply is no substitute for experience. Call now to speak directly to Robert Mansell at (310) 474-3250, 24/7.

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