California premises liability is the duty of anyone who owns, leases, occupies, or controls property to use ordinary care so that the place is reasonably safe. That duty comes from Civil Code § 1714(a). Since Rowland v. Christian (1968) 69 Cal.2d 108, the old invitee, licensee, and trespasser labels no longer decide whether a duty exists. Control of the property is what matters.
If a dangerous condition the defendant knew about—or should have found with reasonable inspection—causes injury, you can sue the owner, tenant, manager, contractor, or other party who had the power to fix it. Most injury lawsuits must be filed within two years under Code of Civil Procedure § 335.1. Claims against a city, county, school district, or other public entity usually require a government claim within six months under Government Code § 911.2. If you miss that step, your case could be dismissed before it even begins.
Compensation can include medical care, lost income, and pain and suffering. California uses pure comparative negligence, so shared fault reduces the award but does not automatically bar recovery.
| Where were you hurt | First deadline |
|---|---|
| Private store, apartment, home, hotel, or business | Lawsuit within 2 years |
| City sidewalk, park, school, or other public property | Government claim within 6 months |
| Property damage only | 3 years |
| Injured minor vs. a private defendant | Two-year clock usually pauses until age 18; government claims are much less forgiving |
The trial attorneys at Bisnar Chase have a long and successful track record of handling these premises liability cases and helping seriously injured clients secure maximum compensation for their significant losses from private or public property owners. In May 2019, we took on a drug rehabilitation center that a jury had found negligent. Our client was awarded $11M, while the defense’s original offer was under $500k. Our trial attorneys presented a compelling set of facts that led to this massive jury verdict, the largest rehabilitation facility verdict in California history.
Protecting Your Rights From Unsafe Conditions
Whether you’ve suffered an injury from wet or slippery floors, poor lighting in walkways or stairwells, broken handrails, or negligent security failures that lead to physical assault, we can build your case for winning success. Call today for a free consultation at 800-561-4887.
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California Premises Liability Lawyers
How Much is a Premises Liability Claim Worth in California?
Unlike medical malpractice cases, there are no caps on financial compensation for a premises liability case in California. The amount of compensation will be determined based on the loss and injuries you suffered. Someone with more severe injuries may have a legal claim worth 7 or 8 figures, while smaller claims like a slip and fall resulting in a sprained ankle and bruising will be less.
Since every injury claim is different, discuss your case with an experienced California premises liability attorney to get an idea of what your compensation would be.
What is Premises Liability
Premises liability refers to a property owner’s responsibility to provide reasonably safe conditions for visitors, workers, and residents. Under premises liability law, California property owners can be held financially accountable for accidents and injuries that occur on their premises.
Not all accidents result in valid personal injury claims. Still, anyone who has suffered an injury on someone else’s property would be well advised to look into their legal rights and options. Financial compensation may be available for their considerable losses. Call our California premises liability lawyers for a free case evaluation. Call 800-561-4887.
What to do After a California Premises Liability Accident
If you have been injured on someone else’s property, there are several steps you can take to ensure that your legal rights are protected:
- Ensure you file a report with the public or private property owner or manager and obtain a copy. Filing such a report not only documents the incident but also helps pinpoint the date, time, and manner in which the injury occurred.
- Take photos of the scene where the incident occurred. For example, take at least cell phone images with a date and time stamp if you trip on a broken stair. Such dangerous conditions may be repaired right away, and you may lose a valuable piece of evidence.
- Obtain contact information for anyone who may have witnessed the incident. When another person corroborates your account of the incident, it helps bolster your case.
- Do not accept a settlement or sign documents before talking to an experienced California premises liability lawyer. Doing so may jeopardize your premises liability claim. When you accept a settlement agreement, your premises liability case will be closed, and you cannot claim any future expenses related to your injuries.
Immediately call Bisnar Chase to determine whether you are entitled to financial compensation if you’ve been injured on public or private property. Call 800-561-4887.
California Premises Liability Laws
Does California still use invitee, licensee, and trespasser categories?
Many states still change the owner’s duty based on those labels. California does not use that as the main test. In Rowland v. Christian (1968), the California Supreme Court held that a person who owns or controls property owes a general duty of ordinary care to people who foreseeably enter it. Trespassing can still affect what was reasonable. It does not automatically mean there is no duty.
Under California law, a proprietor, or commercial landlord, owes patrons a duty to exercise reasonable care to keep the premises safe. For example, property owners must regularly inspect their buildings and ensure they are safe for visitors, tenants, and guests.
All California proprietors must act with the same care as other reasonably prudent individuals under the same circumstances. In other words, a property owner is not responsible for every accident on their premises. Still, they can be held accountable for the premises liability accident resulting from their failure to provide reasonably safe conditions.
California’s primary premises liability statute related to property liability is Civil Code Section 1714(a). This statute establishes the general duty of care that all individuals owe to others regarding their actions and property.
It states that everyone is responsible for an injury to another caused by their want of ordinary care or skill in managing their property or person, unless the injured party contributed to the injury.
This section provides the legal basis for negligence claims against property owners in California premises liability cases. You can find more details about this premises liability statute through the [California Legislative Information website] under Civil Code Section 1714.
What Is the Time Limit for Filing a Premises Liability Lawsuit in California?
In California, the statute of limitations for filing a premises liability lawsuit is two years from the date of the incident. The injured individual must file their lawsuit within 2 years of the incident; otherwise, they cannot pursue legal action.
That two-year rule applies to most private owners. If a city, county, school, or other public entity controlled the property, you usually must present a written government claim within six months (Gov. Code § 911.2).
What Is Premises Liability Insurance?
Premises liability insurance is a type of business insurance that protects business owners against insurance claims arising from third-party injuries and property damage on their business property. This includes accidents, slips and falls, fires, criminal acts, and other incidents that may cause injury or damage.
It is important for business owners to have coverage in case someone is injured or property is damaged due to their negligence or a hazardous condition on the property. This type of insurance can cover medical bills, legal fees, and damages awarded to the injured party.
Most claims are paid by CGL, the landlord, or homeowners’ insurance. “Premises liability insurance” and “designated premises” are the defendant’s policy terms. They are not a separate lawsuit that the injured person files.
What Does Designated Premises Liability Mean?
Designated-premises liability insurance is usually included in a commercial general liability policy and provides bodily injury coverage. Business owners need to understand the specifics of their liability insurance for designated premises to ensure they are adequately covered.
Who Can Be Sued for Premises Liability?
In California, anyone who owns, leases, occupies or controls a premise can be sued for a liability lawsuit. This includes property owners, tenants, business owners, and property managers.
The person or entity responsible for maintaining the premises may also be held liable. In liability cases where the property owner has no legal control over the premises, the person or entity who has control may be held responsible for any injuries or damages caused by the premises.
In addition, the manufacturer or distributor of any product that caused your injury may be named a defendant in a lawsuit. Some examples include a business that provided a service that injured you, or a product that directly injured you due to the negligence of its distributor or manufacturer. Ultimately, anyone with a legal duty to maintain the premises in a safe condition can be held liable for any injuries or damages resulting from their negligence.
Grocery store/retailer: Yes, you can sue if the store created the hazard or should have found it through reasonable inspections—spilled produce, leaking refrigeration, mopped floors without warning, loose mats, blocked aisles.
Landlord/apartment: Landlords and managers can be liable for common areas they control (stairs, railings, walkways, parking, laundry, pool, lighting). Inside a unit, it depends on who controlled the hazard and whether the landlord knew or should have known. Dog-bite claims: Civil Code § 3342 makes the dog owner strictly liable; a landlord may be negligent if they knew about a dangerous dog and did nothing.
City sidewalk / public property: These are governed by Government Code § 835 (dangerous condition of public property) and the six-month claim rule, not the ordinary two-year private deadline.
Examples of Dangerous Premises
There are numerous types of premises liability claims. Due to insufficient security, visitors run the risk of suffering severe injuries from falling down broken stairs, slipping on wet surfaces, drowning in a pool, burning in a fire or explosion, lacerations from broken glass, dog bites, injuries from a roof cave-in, and assaults or muggings caused by a lack of security.
Dangerous conditions can exist in any open space or building. Devastating incidents commonly occur at shopping malls, grocery stores, government buildings, commercial facilities, theaters, apartments, and even private homes.
If you have been injured on someone else’s property, please get in touch with our premises liability attorneys in California for a free case evaluation and to determine if you have a viable case. Call 800-561-4887.
Top 6 Premises Liability Accidents in California
- Slip and Falls: Slip-and-falls can happen anywhere, at any time. Around the pool, in a hallway, a kitchen, and even a walkway.
- Negligent Security: The lack of or poor management of security can result in chaotic, hazardous situations that spiral out of control. Poorly lit areas and a lack of security cameras or security guards offer an opportunity for violence to occur, leading to potentially catastrophic results.
- Pool Accidents: Pools, spas, and open-water areas can be deadly, especially for young children and those unable to swim. There is a vast number of drownings across the country and the entire world, many of which could be prevented if fencing and gating, proper parental supervision, and other safety measures were established and maintained.
- Dog Bites: It’s impossible to determine whether a dog has a history of violence. You can never know if a dog can suddenly express violent behavior, possibly resulting in severe injury or death. Receiving the proper medical attention, care, and treatment for dog bites is essential.
- Poor or Negligent Maintenance—Ensure establishments are kept up and cleaned.
- Injuries caused by improperly secured or unsupervised inflatables.
Outdoor Event Injuries
In California, we are lucky enough to have beautiful weather throughout most of the year. California is home to some incredible outdoor events, especially in the summer months. But these events are not without their dangers.
From state fairs and beach concerts to street fairs, parades, air shows, and surf competitions, California hosts a packed calendar of outdoor events. But many of these events feature temporary structures, slip and trip hazards, excessive heat, and crowd management issues.
If you are injured at an outdoor event in California, the event organizer and property owners are often legally liable. However, cases can also involve vendors, security companies, contractors, and negligent drivers.
Property Management Companies’ Duty
Property management companies must ensure safety and follow standard safety measures. They are critical in ensuring the safety of people visiting their premises.
- Conducting Routine Inspections and Maintenance: Regular and timely maintenance is vital to prevent accidents and address potential hazards.
- Implementing Safety Protocols: Enforcing appropriate safety measures helps protect residents, visitors, and staff from potential dangers.
- Utilizing Security Systems: Installing and maintaining reliable security systems can help deter crime and provide peace of mind for tenants and visitors alike.
- Visitor Management Solutions: Managing and limiting access ensures that only authorized people or groups can enter specific areas of the property.
Our nationwide law firm can assist if you’ve had a Los Angeles premises liability accident or if you live here but were in another state. Contact our team of experienced trial attorneys for a free consultation if you have suffered injuries in a premises liability accident in California. We offer a contingency-fee service, with no fee if we do not win your case. Call 800-561-4887 today.
Determining Liability in Premises Claims
What you must prove: the defendant controlled the property; the defendant was negligent; that negligence was a substantial factor in the injury; and you have actual damages.
Actual notice means someone on the owner’s side knew about the hazard. Constructive notice means the hazard sat there long enough that a reasonable inspection would have found it.
In Ortega v. Kmart Corp. (2001), the California Supreme Court held that a customer can prove constructive notice with evidence that the store failed to inspect within a reasonable time. You do not always have to prove the exact minute a spill hit the floor. A wet-floor sign does not automatically defeat the claim if it was late, hidden, or in the wrong place.
Demonstration of the hazardous location’s lack of inspection within a reasonable timeframe can accomplish this. Victims must prove more than just their injuries in these complex premises liability claims. Property owners cannot be expected to prevent visitors from tripping over their shoelaces.
After cleaning a walkway, property owners should post slippery floor signs. They must also mop up spills, repair damaged steps, and put up caution cones, tape, and signs when dangerous conditions cannot be fixed immediately.
Negligence vs. Natural Hazards
There are some examples of premises accidents that may or may not qualify for legal action. For example, there are many injury hazards at California beaches.
Some of those hazards, such as rogue waves, dangerous rip tides, and aggressive marine wildlife, will often fall under the category of natural risks.
However, if negligence contributes to an accident or injury, you may have a legal case. Even in the face of accidents caused by natural elements, beach management agencies still have a responsibility to warn visitors of known risks and to provide sufficient lifeguard coverage.
What Is the Trivial Defect Doctrine in California Premises Liability Claims?
The Trivial Defect Doctrine is a legal principle in California that addresses property owners’ liability in premises liability claims. Under this doctrine, property owners may not be held liable for injuries resulting from minor or trivial defects on their property.
In essence, if a defect is deemed trivial—meaning it is so minor that a reasonable person would not expect it to cause harm—then the property owner is not responsible for any resulting injuries. This doctrine protects property owners from liability for minor imperfections that do not pose a significant risk to visitors.
Comparative Negligence in Premises Liability Cases
A tort rule for allocating damages when both parties are at least somewhat at fault. If an unsafe condition on a property is clearly visible and avoidable, it is the visitor’s responsibility to observe it and respond accordingly.
Furthermore, a property owner does not have to ‘warn visitors’ of hazardous conditions so obvious that any reasonable person would observe the condition as potentially dangerous. In such premises liability cases, the concept of ‘comparative negligence‘ may apply.
This is when the victim’s fault is compared to the defendant’s fault. The amount of damages recoverable by the victim will be reduced by the victim’s responsibility for the accident. If you have questions on whether you are somewhat at fault, please get in touch with our California premises liability attorneys for a free case evaluation.
Negligent Security on a Premise
When we invest our precious time and hard-earned dollars into amusement parks, sports arenas, concert venues, and other miscellaneous recreational activities, we expect top-quality service, security, and peace of mind. Some accidents are unavoidable. However, it is the responsibility of the premises to hire enough help to keep events and the area safe overall.
For example, a recent victim of negligent security, Bryan Stow, pressed charges, with his family, against the Dodgers and former owner Frank McCourt, stating that if the facility had enough security and lighting in the Dodgers stadium parking lot, he wouldn’t have sustained the injuries he did when Stow was beaten up in the Dodger’s parking lot after a playoff game.
A jury ruled in favor of Stow’s family with a jury verdict of $18 million to compensate for his brain injuries and other pain and suffering sustained that night because of the baseball team’s lack of security that night. Former owner Frank McCourt was not held liable.
Many instances of negligent security happen so often throughout the country on a daily basis, especially with the tension and angst that currently exist in our society. Some places where you can potentially become a victim of negligent security include:
- Shopping Centers
- Hotels
- Schools
- Parking Garages
- Apartments
- College Dorms
- Night Clubs/Bars
- Concert Venues/Outdoor Festivals
If your injury could have been prevented or reduced with adequate security, it is best to seek legal counsel as soon as possible to see if you can be compensated for the pain and injury you sustained.
If you are trying to prove the premises and their security were at fault, ask yourself the following questions:
- Did the premises have adequate surveillance and security cameras?
- Was the area of your incident well-lit and had good lighting overall?
- Were security measures (locks, fences, barriers, etc.) in place at the time and location of your incident?
- Did the venue/company perform detailed background checks on the hired security personnel?
- Was security personnel properly trained before the accident?
- Was the premises adequately staffed to accommodate the number of visitors present during your encounter?
Suppose you answered “no” to any or all of these questions. In that case, you have a premises liability claim of negligent security on your hands, and we advise you to contact one of our California premises liability lawyers now to discuss your rights as a victim and to see if the circumstances of your premises liability accident qualify you for compensation.
Injuries Suffered in Premises Liability Claims
Premises liability accidents can result in a wide range of injuries, depending on the circumstances of the premises liability accident and the hazards present on public or private property. Some common types of injuries sustained in premises-related liability accidents include:
1. Slip and fall injuries:
Fractures (e.g., broken bones)
- Sprains and strains
- Soft tissue injuries (e.g., bruises, contusions)
- Head injuries (e.g., concussions, traumatic brain injuries)
- Back and spinal cord injuries
2. Trip and fall injuries:
- Similar to slip and fall injuries, including fractures, sprains, strains, and head injuries
- Can often be more serious than a slip; a trip can be a harder impact
3. Injuries from falling objects:
- Head injuries
- Neck injuries
- Traumatic brain injuries
- Fractures
- Eye injuries
4. Elevator and escalator injuries:
- Crush injuries – arms, legs
- Traumatic amputations
- Fractures
- Soft tissue injuries
5. Swimming pool accidents:
- Drowning and near-drowning injuries
- Head injuries
- Spinal cord injuries
- Fractures
6. Dog bites and animal attacks:
- Lacerations and puncture wounds
- Infections
- Scarring and disfigurement
- Emotional trauma
7. Electrical injuries:
- Burns
- Cardiac arrest
- Neurological damage
- Muscle and tissue damage
8. Fires and explosions:
- Burns
- Smoke inhalation injuries
- Traumatic injuries from blasts or debris
9. Toxic exposure:
- Chemical burns
- Respiratory injuries
- Neurological damage
- Organ damage
10. Assaults and criminal acts:
- Physical injuries (e.g., bruises, fractures, lacerations)
- Psychological trauma
- Sexual assault injuries
Financial and Emotional Stress
While not visible like your physical injuries, financial and emotional stress can cause serious mental and physical health issues. Time away from work, inability to be mobile, medical bills, and other stress resulting from the accident can take a toll.
Having legal representation can take some of that stress off. Our team will handle all aspects of your claim, including negotiating your medical bills and placing a medical lien while your case is in progress. These are just some of the case types we handle, but our expertise extends to all accidents resulting in injuries sustained on public or private property, from tree accidents to slip-and-falls.
It’s important to note that the severity of these premises injuries can vary widely, from minor cuts and bruises to life-altering or fatal injuries. Premises liability laws hold a property owner accountable for maintaining safe conditions and preventing foreseeable hazards that could lead to these types of injuries.
Financial support may be available for these injuries and damages if the victim can prove that the property owner’s negligence or the manager contributed to the premises liability accident. Call an experienced California premises liability lawyer for a free consultation at Bisnar Chase. Call 800-561-4887.
Premises Liability FAQS
The store cleaned up the spill, and there is no video. Do I still have a case?
Yes. Video helps, but it is not required. Photos, witnesses, the incident report, your shoes, medical records, and inspection logs can still prove the condition. In California, a missed inspection can support constructive notice even when nobody can say the exact minute the spill hit the floor. Send a preservation letter quickly. Cleanup and overwritten cameras are why these cases go cold.
Should I provide a recorded statement to the property owner’s insurance company?
Not before you talk to a lawyer. You can report the incident and get medical care without a recorded statement. Adjusters use early interviews to lock in comparative fault: shoes, phone use, and whether you saw a sign. “Please contact my attorney” is enough.
I signed a waiver at a gym, hotel, trampoline park, or event. Can I still file a claim?
Often yes. A waiver can limit some claims. It does not automatically eliminate liability for a hidden spill, a broken railing, a missing drain cover, or a no-show security guard. California courts look at how clear the waiver was and what the business actually did. Do not assume a signature ends the case.
I was working when I got hurt on someone else’s property. Is workers’ compensation my only option?
Not always. Workers’ comp may cover the claim against your employer. If another company controlled the property—a store you were delivering to, a building your crew visited, a garage, a hotel — that third party can still face a premises claim. Both tracks can run at once.
What if I left without filling out an incident report?
You can still have a claim. A report helps. It is not required to sue, and it is not the filing deadline. Use photos, medical records, receipts that put you there, witnesses, and a written video-preservation request. If a city or other public entity controlled the property, the six-month government-claim deadline still applies.
Experience, Trust and Superior Service
Bisnar Chase has been named Best Lawyers, Best Law Firms, California Super Lawyers, and Top 100 Trial Lawyers for decades. Our California premises liability lawyers have over 48 years of experience, determination, skill, and ability to take on and win complex premises liability cases.
Other law firms have turned down many of the premises liability cases we have signed and won because of their complexity, limited resources, and inability to manage, fight, and win them effectively.
We take on complex Los Angeles premises liability accidents and statewide cases. If you are too injured to travel to one of our five locations, we can come to you to discuss your case.
Five California locations
We have offices in:
- Newport Beach
Orange County - Los Angeles
- Riverside
- San Bernardino
- San Diego
- San Francisco (meeting location)
Call us for a free consultation if negligent maintenance or premise liability on public or private property has caused your injury. For immediate help with a premises liability case, please call 800-561-4887
Full Financial Transparency with Your Case
Bisnar Chase is dedicated to our relationship with our clients, so they can count on us to be trusted with their personal injury claim, and we discuss all costs associated with their case with our legal team, so there are no surprises. We include you in our process so that we always have open communication on what you can expect.
All fees associated with your personal injury claim will be closely tracked and discussed with you whenever you have questions. A variety of different costs will be chronicled anytime they are added and your access to information is always available.
Brian Chase
Articles, blogs, and content have been reviewed by legal in-house staff. Brian Chase is the managing partner of Bisnar Chase Personal Injury Attorneys, LLP. He is the lead trial lawyer and oversees cases handling dangerous and defective products that injure consumers. Brian is a top-rated injury attorney with numerous legal honors and awards for his work relating to auto defects and dangerous products. His firm has recovered over $1B for its clients. Brian is a frequent speaker for CAOC, Dordick Trial College, and OCTLA, covering personal injury trial techniques.
