California Premises Liability: Protecting Your Rights After an Injury

What is Premises Liability?

Premises liability is a subset of personal injury law that governs the legal responsibilities of property owners and occupiers to maintain a reasonably safe environment. If a person is injured due to hazardous conditions, the property owner may be held liable for damages.

Common types of premises liability cases include:

• Slip and Fall Accidents — Wet floors, uneven surfaces, or poor lighting leading to falls.
• Inadequate Security — Failure to prevent foreseeable criminal acts due to lack of security measures.
• Dog Bites and Animal Attacks — Unrestrained or aggressive animals causing harm.
• Swimming Pool Accidents — Injuries due to lack of fencing, supervision, or safety measures.
• Falling Objects — Items improperly stored or maintained, causing injury.

Who Can Be Held Liable in a Premises Liability Case?

In California, liability extends to various parties, including:

• Property Owners
• Tenants
• Property Managers
• Maintenance Companies
• Business Operators

The critical factor is whether the party had control over the property and whether their negligence contributed to the hazardous condition that caused the injury.

The Legal Standard: Duty of Care

Under California law, all property owners and occupiers owe a duty of care to maintain their premises in a reasonably safe condition. The level of care depends on the relationship between the property owner and the visitor:

1. Invitees: Individuals on the property for business purposes, such as customers in a store. Highest duty of care applies.
2. Licensees: Social guests with the property owner’s consent. Moderate duty of care applies.
3. Trespassers: Persons who enter without permission. Limited duty, mainly to avoid willful harm.

However, California courts have increasingly focused on foreseeability rather than rigid classifications, evaluating whether the property owner acted reasonably under the circumstances.

Establishing a Premises Liability Claim

To succeed in a premises liability lawsuit in California, the injured party (plaintiff) must prove four key elements:

1. Ownership or Control: The defendant owned, leased, occupied, or controlled the property.
2. Negligence: The defendant was negligent in using or maintaining the property.
3. Injury: The plaintiff suffered actual harm.
4. Causation: The defendant’s negligence was a substantial factor in causing the harm.

For example, if a grocery store knew about a spilled liquid but failed to clean it promptly, resulting in a customer’s fall and injury, the store could be held liable.

Comparative Negligence in California

California follows the comparative negligence doctrine, meaning that if the injured party shares some blame for the accident, their compensation is reduced by their percentage of fault.

Example:
If a court finds that you were 20% at fault for not noticing a warning sign, and your damages amount to $100,000, you would still recover $80,000.

Types of Damages in Premises Liability Cases

Victims of premises liability incidents may be entitled to various compensatory damages, including:

• Medical Expenses: Costs for emergency treatment, surgeries, rehabilitation, and future medical care.
• Lost Wages: Income lost due to inability to work during recovery.
• Loss of Earning Capacity: Reduced ability to earn income in the future.
• Pain and Suffering: Physical pain and emotional distress.
• Loss of Enjoyment of Life: Inability to engage in hobbies or daily activities.
• Punitive Damages: In cases of egregious misconduct.

Statute of Limitations for Premises Liability in California

In California, injured parties must file a premises liability lawsuit within two years from the date of the injury. Missing this deadline can permanently bar you from seeking compensation.

If the claim is against a government entity (e.g., injury on public property), special rules apply, including a six-month deadline to file an administrative claim.

Common Defenses Raised by Property Owners

Defendants in premises liability cases often assert defenses such as:

• No Knowledge: Arguing they were unaware of the dangerous condition.
• Open and Obvious Hazard: Claiming the hazard was apparent and should have been avoided.
• Assumption of Risk: Alleging the injured party voluntarily accepted the risks.

An experienced attorney can anticipate and counter these defenses effectively.

Why You Need California Trial Law Group, PC on Your Side

Premises liability cases require in-depth knowledge of California law, detailed investigation, and strategic litigation skills. At California Trial Law Group, PC, we are committed to providing:

• Comprehensive Investigations: Gathering evidence such as surveillance footage, maintenance records, and witness statements.
• Expert Consultations: Working with engineers, medical experts, and safety professionals.
• Aggressive Representation: Negotiating with insurance companies and, if necessary, litigating in court.
• Personalized Attention: Ensuring every client receives tailored legal advice and compassionate support.

Our team, led by Ike M. Kaludi, Esq., has a proven track record of securing favorable outcomes for victims of premises liability incidents.

Real-Life Case Success

Our client, a visitor injured at a commercial property due to a negligently maintained stairwell, faced mounting medical bills and an inability to work. The property owner denied responsibility. Through meticulous investigation and aggressive negotiation, California Trial Law Group, PC secured a six-figure settlement, ensuring the client could recover without financial distress.

Steps to Take After a Premises Liability Injury

• Seek Medical Attention: Immediate care not only ensures your health but also documents your injuries.
• Report the Incident: Notify the property owner or manager and obtain a written report.
• Document the Scene: Take photos and gather contact information of witnesses.
• Preserve Evidence: Keep clothing, footwear, and any physical evidence intact.
• Consult an Attorney: Contact California Trial Law Group, PC to protect your rights.

Contact California Trial Law Group, PC Today

If you or a loved one has been injured due to unsafe property conditions, don't navigate the legal process alone. Trust California Trial Law Group, PC to provide the legal expertise and compassionate support you need.

Call us today for a free consultation.
Visit our website to learn more about how we can help you.

Premises liability is about more than just accidents—it’s about holding negligent property owners accountable and securing justice for those harmed. Let California Trial Law Group, PC stand by your side.