Harris Gavin Long & Associates
The Personal Injury Law Firm with an Insurance Agency Division
Millions Recovered : Aggressive Representation : No Recovery/No Fee
Retain our highly experienced law firm that will aggressively represent you in your personal injury case and that possesses a strong understanding of the insurance industry.
Defining Premises Liability
The owner/ possessor of premises is under a duty to exercise ordinary care in the use maintenance and management of the premises in order to avoid exposing persons to an unreasonable risk of harm.
A balancing test is used to make the determination as to whether or not the risk is unreasonable. The risk is balanced against the usefulness, while taking into consideration the extent to which the owner/possessor's objectives can be adequately advanced or protected by another and less dangerous course.
Premises liability actions commonly arise in slip/trip and fall matters, situations where an owner/ possessor of land willfully and maliciously fails to warn recreational users of dangerous conditions on the premises and strict liability for injuries caused by ultra-hazardous and abnormally dangerous activities occurring on the premises.
However, an owner/ possessor is not required to make repairs of minor defects, even one of which he has actual notice. This is known as the "trivial defect" defense.
The plaintiff is entitled to receive past and future medical expenses, past and future loss of earnings and past and future pain and suffering.
After January, 2003 the statute of limitations for premises liability/ negligence in personal injury actions changed from one year to two years.
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Southern California offices at The Waterfront, 2901 West Coast Highway, Suite 200, Newport Beach CA 92663
The contents of this website are not to be construed as legal advice. and the contents are provided solely as background and descriptions of services provided by The Law Offices of Harrison Gavin Long & Associates, and do not create a business or professional services relationship. Any reliance on the information is solely at the user's own risk.