Accidents are hard to deal with when they throw surprises in front of well-made plans or simply the habits of healthy life. But it is even more difficult when the negligence of a business or property owner has caused a serious injury or illness.
Premises liability law in California covers many types of these possible problems, from injuries in fall to chronic diseases from poorly-made construction materials. Scientific advances regarding the former use of asbestos in building has led to legal responses for the problems the substance can cause.
Although premises liability predominately refers to hazards within a space controlled by a negligent owner or manager, the Golden State’s highest court also ruled that an owner may be liable for the damage done to employees’ or visitors’ family and friends who come in contact with asbestos fibers carried offsite. These people are referred to as “take-home” exposure victims.
This ruling was based on two cases in which people were exposed to fibers of the dangerous material after workers brought it home on their clothing. The owners of the properties had “a general duty to exercise ordinary care in one’s activities,” according to Section 1714 of the California Civil Code, and the court did not create an exception for people who never visited the premises.
People who have suffered due to an owner’s or manager’s incompetence or negligence may have a case for premises liability. An attorney may help victims of accidents, illnesses or other results of these property issues find the right civil challenges for settlements, court actions or other possible solutions.
Source: Defense Litigation Insider, “California Supreme Court Recognizes a Duty of Care to “Take-Home” Plaintiffs,” Nicole Harrison, accessed Feb. 23, 2018