Rencher Law Group, P.C.
Areas of Practice

Rencher Law Group, P.C.
1438 Market Street
Dolan Building - 1st Floor
San Francisco, CA 94102
Phone: (415) 877-4486

Rencher Law Group, P.C., Attorneys, San Francisco, CA

Premises Liability Lawyer

Premises liability law requires that those exercising control of property have a duty to keep that property in a reasonably safe condition for those that come into contact with it. “Control” can be proven by evidence such as: title ownership, possession, installation of fences and gates, posting of signs, construction on the land, etc. Just what constitutes a “safe condition” depends on the relationship of the parties, the type of property, and the intended or actual use of the property. For example, trespassers are owed a lesser duty than licensees and invitees. Also, with California’s doctrine of comparative negligence, injured guests can still recover even if the injury was partly their fault.

Types of Premises Liability

Premises liability as a subject of law falls under four general categories: claims against a homeowner, claims against a commercial owner (slip and fall), claims against a landlord, and claims against the government (sidewalk injuries).

Homeowners have the duty to keep their home free of hidden hazards. If the hazard is obvious, such as an automobile being repaired in the driveway when a guest tries to start the engine or a weight room with heavy dumbbells that a guest tries to lift, then the owner is not responsible for injuries. Examples of hidden hazards may be loose hand railings, falling debris from roof onto front porch, floor with a thin layer of vegetable oil, etc.

Similarly, commercial owners have the duty to keep their shop safe, so that automatic doors, elevators, escalators, and other shopping amenities and conveniences do not fail resulting in customer injury. There is generally the requirement that the owner must be on notice of the dangerous condition – that a reasonably prudent shop owner would have known about the hazard. As with homeowners, the dangerous condition must be hidden or against the property’s intended purposes, e.g., a ski resort will not be liable if someone attempts to navigate downhill without the use of skis when it is obvious that the land is intended to be skied on.

The control issue is most prominent in landlord-tenant premises liability cases. The injured tenant must prove that a prudent landlord should have repaired areas of common usage, such as a faulty stairway. On the other hand, the tenant may be responsible when a plumber is injured from a wobbly refrigerator.

Lastly, sidewalk injuries are a type of premises liability suit against the government – usually the city. Because governments enjoy different types of “immunities” designed to prevent the inundation of lawsuits from crippling the administration of public affairs, the city must have had actual or constructive notice of the defective condition.

RLG attorneys are experienced in all aspects of premises liability law. If you have been injured on someone else’s dangerous property, a personal injury attorney at RLG will fight to get you the fair compensation you deserve. We serve the entire Bay Area.

For outstanding legal representation, please contact RLG for a free consultation: (415) 877-4486

Home | Attorney Profiles | News | Contact Us
Personal Injury | Wrongful Death | Employment | General Litigation | Criminal | DUI Defense