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Transcript:
00:00:03 So liability comes down to five boxes that we have to check in every case. So let’s hit all five of them fast. First, the duty of care. Under California law, every property owner, which means store, apartment complex, even your aunt Renee if she invites you over for dinner, owes guests a basic duty to keep the place reasonably safe. If you’re an inviteee, which is customer, a tenant, a delivery driver, that duty is even higher. The second box is whether there is a dangerous condition. That means that we
00:00:39 need to show that there was a hazard that was unreasonably dangerous. Whether it’s a puddle without a sign, a broken step, bad lighting, or a sidewalk that has 2 in of lift. If it’s a tiny droplet of water or a small pebble, you probably don’t have a dangerous condition. Third box to check is notice. Notice can be actual or it can be constructive, meaning that the owner must know or the owner should have known about the danger. If it’s actual notice that someone told them about a spill or a crack. If it’s constructive notice, it
00:01:14 means that someone should have known that there was a spill or a crack there and it’s been there long enough for a reasonable employee to have seen it or a reasonable manager to have at least created a policy where someone should have seen and checked for it. Fourth is the failure to fix the problem or warn about it. Once someone or a property owner knows about a problem, that’s not enough. they still need to fix it or at least warn others about it. Meaning, they need to mop up a spill. They need
00:01:45 to cone off a dangerous hole or post some sort of sign that says wet floor. If they skip this step, that then they were negligent. The last box that we check is causation and damages. Ultimately, the hazard that you were injured in has to be the reason that you were hurt. We prove this with medical records and experts to tie down the issues and then relate them to the fall. Basically, if you don’t have damages or you weren’t injured and it wasn’t related to the hazard on the property, then there’s no liability. Short answer,
00:02:20 if an owner knew or should have known that there was an inconspicuous danger lurking on their property and they didn’t fix it or warn people about it and then you got hurt because of it, you have a case.