“Premises liability is a form of negligence. The familiar elements of a negligence claim—duty, breach, causation and damages—apply to premises liability. The property owner’s duty is to use due care and to act affirmatively so that the property does not create an unreasonable risk of harm to others.”
“The statute of limitations for a premises liability claim seeking to recover for personal injuries (including wrongful death) is two years. Plaintiff may recover for all harm proximately caused by defendant’s wrongful acts. Punitive damages may be awarded where plaintiff shows by clear and convincing evidence that defendant was guilty of oppression, fraud or malice.”
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
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