premises liability claim

Premises Liability Claim: The Case of Hazardous Parking Lot

By Patrick Hogan | March 7th, 2013

QUESTION: My wife stepped into a pothole in the parking lot after shopping in a local store. Several witnesses or regulars said they had warned the store about the pothole but they have not repaired it. Can we hold the “chain” responsible for not repairing the parking lot? ANSWER: Property owners and managers are required to keep their property and premises free of dangerous conditions to prevent possible harm to customers, tenants and other users. Owners and managers of such premises may be liable for negligence under a premises liability.

Compensation for Damages Sustained on Your Landlord’s Property

By Patrick Hogan | March 7th, 2013

QUESTION: How can I get my landlord to help pay for the medical bills? ANSWER: Landowners and possessors of land owe a nondelegable duty to put and maintain the premises (including its buildings and structures) in reasonably safe condition [CC § 1714]. Generally, a person who has suffered injury through the fault of another (e.g. negligence by landlord) is entitled to “be made whole”—i.e., to be restored insofar as is possible to his or her preinjury condition through a “compensatory” damages award [CC § 3281].

Business Liabilities of Wrongful Acts

By Patrick Hogan | March 7th, 2013

QUESTION: Does the landlord have liability for attack under fake security cameras? ANSWER: Businesses have an affirmative duty to take reasonable steps to secure their premises, as well as adjacent common areas within their control, like parking lots, against reasonably foreseeable criminal acts of third parties. [Delgado v. Trax Bar & Grill].

How Wrongful Acts of Employees Affect Employers

By Patrick Hogan | March 7th, 2013

QUESTION: After spilling a drink, my son was taken to the back steps used for staff and delivery and was given a “shove” down the stairs as he was being escorted by the bouncers out of the bar. His friends were at the exit waiting for him and didn’t see the push or the fall. Is the bar responsible for damages and the cost of my son’s treatment for the injuries caused by the bouncers? ANSWER: Under the doctrine of “respondeat superior,” an employer may be liable for an employee’s.

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