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What is a “Duty to Warn”?

What is a “Duty to Warn”?

I’ve discussed slip and fall issues several times in the past on these pages.

Slip and fall cases fall under a category of law known as “premises liability”.

If a property or premises has a dangerous condition on it, the landowner has a duty to warn those who visit the premises of the dangerous condition.

To prove an unsafe condition, one must prove:

a. A condition on the property created an unreasonable risk of harm;

b. The property owner knew or, through the exercise of reasonable care, should have known about it; and

c. The property owner failed to repair the condition, protect against harm from the condition, or give adequate warning of the condition.

One who visits a property doesn’t necessarily know that there could be a dangerous condition on it.  The owner, however, through the exercise of ordinary care, must maintain the property and warn those who visit of a dangerous condition which the visitor is unaware of.

Premises liability cases are very fact specific.  This post is not intended as legal advice, and consult an attorney for advice about your particular case.

For questions about your Los Angeles slip and fall case, the Rabbi Lawyer is ready to assist, 24/6.