In California, the foundation of premises liability law is established by California Civil Code Section 1714(a). This statute makes it clear that everyone is responsible for injuries caused by their lack of ordinary care in the management of their property. In other words, property owners and those in control of property must take reasonable steps to prevent foreseeable harm to others.
This legal principle is known as the duty of care. Property owners and managers are required to maintain safe environments for those who are lawfully on their premises—such as customers, tenants, guests, or employees. The duty includes regularly inspecting the property, repairing known hazards, and posting adequate warnings when a danger cannot be immediately fixed.
However, California law also recognizes a balance between owner responsibility and visitor responsibility. Visitors are expected to exercise reasonable caution and pay attention to their surroundings. For example, if a hazard was open and obvious—such as a clearly visible spill or warning sign—a court may determine that the injured person shares some responsibility under California’s comparative negligence rule.
Premises liability cases can arise on nearly any type of property, including:
Whether your accident occurred in a private residence, business, or public space, the central question remains the same: Did the property owner fail to take reasonable steps to prevent your injury?
To successfully recover compensation for a premises liability injury in California, the injured person must prove that the property owner or responsible party was negligent. Negligence simply means that someone failed to act with the level of care that a reasonable person would have used in the same situation.
In a premises liability claim, there are four key legal elements that must be proven:
The first element is the duty of care. Property owners, tenants, and managers have a legal obligation to keep their premises reasonably safe for people who enter lawfully—such as customers, tenants, employees, or guests. This duty includes inspecting the property, repairing hazards, and warning visitors about potential dangers.
For example, a grocery store owner must ensure that aisles are free from spills and that any wet floors are marked with a visible caution sign.
A breach of duty occurs when a property owner or manager fails to meet that standard of care. In other words, they knew or should have known about a hazardous condition and did not take appropriate action to fix it or warn visitors.
Examples include ignoring a broken handrail, failing to replace a burnt-out light bulb in a stairwell, or neglecting to clean up a known spill.
The next step is proving causation—that the property owner’s negligence directly caused the injury. It’s not enough that a hazard existed; the injured person must show that the unsafe condition was the primary reason for their accident.
For instance, if a person slips on a puddle that had been left unaddressed for hours in a restaurant, that clear link between the hazard and the injury can establish causation.
Finally, the victim must prove that the accident resulted in actual damages. These may include:
These damages must be measurable and directly related to the injury caused by the unsafe condition.
California follows a legal principle called comparative negligence. This means that even if you were partially at fault for your injury—for example, if you weren’t watching where you were walking—you may still be able to recover compensation. However, your total award would be reduced by your percentage of fault.
For example, if you were found 20% responsible for your accident and your damages totaled $100,000, you could still receive $80,000.
Timing is critical in any personal injury case. In California, the statute of limitations for most premises liability claims is two years from the date of the injury. This means you generally have two years to file a lawsuit against the negligent party.
If you miss this deadline, you may lose your right to seek compensation. That’s why it’s so important to act quickly—evidence such as surveillance footage, witness statements, or maintenance logs can disappear over time.
You may have a valid premises liability claim if:
If your injury occurred on public or government property, such as a city park, school, or municipal building, different rules apply. Claims against government entities fall under the California Tort Claims Act, which requires you to file a notice of claim within six months of the injury.
These cases involve strict deadlines and specific filing requirements, so it’s crucial to consult an experienced attorney immediately.
After a serious injury on someone else’s property, it’s normal to feel overwhelmed and unsure of what to do next. The steps you take immediately following the accident can have a major impact on your ability to recover compensation later. Acting quickly helps protect your health and strengthens your legal claim.
Here are the most important steps to take after a premises liability injury:
Your health and safety should always come first. Even if you believe your injuries are minor, it’s crucial to see a doctor right away. Some injuries—like concussions, internal bleeding, or soft tissue damage—may not show symptoms immediately. Prompt medical care not only protects your health but also creates documentation linking your injury to the accident.
Notify the property owner, business manager, or security personnel as soon as possible. Ask for a written incident report and keep a copy for your records. This report serves as evidence that the accident occurred and helps establish a record of the conditions at the time of your injury.
If you’re able, take photos or videos of where the accident happened. Capture the hazardous condition, lighting, weather (if outdoors), warning signs, and anything else that might be relevant. These images can become crucial evidence later when proving negligence.
If anyone saw your accident, get their names and contact information. Witness statements can support your version of events and help confirm that the property owner failed to maintain safe conditions.
Keep copies of all medical bills, treatment records, prescription receipts, and proof of missed work. Also, save any emails or letters from the property owner or their insurance company. Detailed documentation helps demonstrate the full financial and emotional toll of your injury.
Finally, reach out to an experienced California premises liability attorney as soon as possible. A lawyer can identify who is responsible, gather key evidence before it’s lost, and negotiate with insurance companies on your behalf.
At Tim D. Wright Law, we handle every aspect of your claim—from investigation to settlement—so you can focus on healing.
If you’ve been injured on someone else’s property, you may be entitled to compensation—but the clock is ticking. Premises liability cases can be complex, and property owners often have powerful insurance companies working to minimize your claim.
Let Tim D. Wright Law stand up for your rights. We’ll thoroughly investigate your case, prove negligence, and fight for the maximum compensation you deserve for your medical expenses, lost wages, and pain and suffering.
Take the first step toward justice and peace of mind today. Contact us for a free consultation—you pay nothing unless we win your case.
📍 Burbank Office: 1112 W. Burbank Blvd., Suite 302, Burbank, CA 91506 | 📞 (323) 379-9995
📍 Van Nuys Office: 16555 Sherman Way, Suite B2, Van Nuys, CA 91406 | 📞 (818) 428-1080
📧 Email: firm@timwrightlaw.com
🌐 Website: www.timwrightlaw.com
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