California Premises Liability Laws

If you’ve been injured on someone else’s property, you may be eligible for financial compensation. You can hold a property owner liable for your medical expenses, lost wages, and pain and suffering if you prove that an owner, employee, or agent created a dangerous condition or unreasonably failed to remedy one.

Key Takeaways

You can sue a property owner or the party who controls the premises when a dangerous condition on the property causes an injury to you.
To win a premises liability claim, you must prove that the defendant knew or should have known about the dangerous condition and failed to remove it, protect you from it, or warn you about it.
Common premises liability claims in California include slips and falls, dog bites, negligent security, swimming pool accidents, toxic exposures, construction accidents, and more.
You may have the right to sue for injuries on a property whether or not you were supposed to be there.
The California Tort Claims Act gives you the right to sue government agencies if you are injured on public property, but you must file a claim first.
The California statute of limitations gives you two years to file most premises liability claims, but it is shorter in some cases.
You can recover damages for your financial and emotional losses in premises liability claims, and punitive damages may be available.
Your family may qualify to file a wrongful death lawsuit if a loved one has died because of a property owner’s negligence.
We are a family-owned law firm that accepts premises liability claims statewide.

Property owners have a legal duty to maintain their premises in a reasonably safe condition, free of hazards, when visitors are reasonably likely to enter. If you’ve suffered harm because of a property owner’s negligence, you can count on Cutter Law to hold the negligent owners accountable.

Quicklinks

What Is Premises Liability in California?
Who Is Liable When I’m Injured on Someone Else’s Property?
Proving a California Premises Liability Claim
Who Can Sue for Injuries on a Property?
California Premises Liability Claims Against Government Agencies
Statute of Limitations on Premises Liability in California
Damages Available in California Premises Liability Cases
Frequently Asked Questions
Let Our California Premises Liability Law Firm Help

What Is Premises Liability in California?

A premises liability lawsuit is a claim against a property owner or possessor who created or failed to remove a hazardous condition that causes a reasonably foreseeable injury. Any type of accident on private or public property qualifies.

Slips and Falls

Slip-and-fall claims are the most common type of premises liability claim. Property owners and managers must diligently monitor their property and remove any slip-and-fall hazards as soon as possible. The most common hazards include the following:

Wet floors
Spills or leaks
Trip hazards, such as cords crossing walkways
Damaged sidewalks
Poorly maintained stairs and steps
Inadequate lighting
Damaged parking lots
Unmaintained entrances and exits
Uneven surfaces

Dog Bites

Dog owners are strictly liable for the harm caused by a dog bite. The dog owner is responsible whether the bite occurs on their property, in a dog park, or while the dog is at large in a public area. Strict liability means the owner is liable even if the dog has no previous record of vicious behavior and the owner had no knowledge that the dog would bite.

It is unnecessary to prove the defendant was negligent in dog bite cases. However, if you sustain a dog bite on the owner’s property, you must prove you were legally on the property. Our dog bite lawyers can help you meet this burden and hold the dog owner accountable.

Negligent Security

Property owners, landlords, and possessors of property may be liable for injuries caused by a crime committed on the property. Such liability applies when they should have reasonably foreseen that the crimes are likely without intervention, yet they fail to take appropriate measures to reduce the risk.

Common crimes giving rise to negligent security claims include assault, shootings, robbery, sexual assault, rape, murder, burglary, and theft.

Liability for negligent security may stem from the following:

Broken or missing surveillance cameras
Lack of security guards
Broken or inadequate locks
Broken fencing or missing barriers
Lack of a locking gate that requires a code
Inadequate lighting
Broken windows or doors

Swimming Pool Accidents

Drowning is the leading cause of death in children under five in California, and it commonly occurs when a homeowner fails to adequately secure a pool. Even if a child enters the pool without the owner’s permission, the owner can be held liable if the pool is visible and accessible.

California premises liability laws hold owners and possessors of property liable if they should reasonably be able to foresee that a person would likely enter a property in the manner in which the injured party did. A visible and accessible pool is an example of an attractive nuisance that could foreseeably entice a child to enter.

Drownings and other injuries can also happen at public or commercial swimming pools due to slippery surfaces, lack of lifeguards, and poor maintenance of pool drains.

Toxic Exposures

Those who develop an injury or illness from exposure to a toxic substance may pursue compensation against the parties responsible, including property owners. The most common toxic exposure claims include the following:

Food poisoning at restaurants
Inhalation of toxic chemicals
Ingestion of contaminated water
Exposure to asbestos

Construction Accidents

Although workers’ compensation typically covers workers injured in construction accidents, liability can extend to a premises owner when the accident occurs on a property not owned by an employer. To succeed in a premises liability claim, you must prove a dangerous condition within the property owner’s control caused your injury and a reasonable owner would have remedied it.

Premises owner may be liable if you suffered an injury caused by the following during a construction project:

Building code violations
Unsafe scaffoldings provided by the owner
Damaged steps
Slippery surfaces
Inadequate warnings about dangerous areas
Improperly maintained equipment provided by the owner
Lack of barriers to prevent falls
Faulty electrical wiring

Who Is Liable When I’m Injured on Someone Else’s Property?

One or more of the following parties may be liable for an injury sustained on a property:

Premises owners
Business owners
Homeowners
Tenants
Occupants
Agents

Our knowledgeable California premises liability attorneys can determine who had control over the property and which party should have taken steps to remove the dangerous condition. This analysis isn’t always straightforward. Thus, it’s best to have an experienced attorney evaluate your case.

For example, if a property owner leases the premises to a business, the owner essentially surrenders control of the property to the lessee. If the lessee creates a dangerous condition or fails to remedy a dangerous condition, the lessee—not the owner—may be liable.

However, if the property owner retains control over part of the property, they may retain liability for injuries arising from unsafe conditions. If an owner should have reasonably known that the lessee would create hazardous conditions, you may also be able to hold the owner liable for the lessee’s negligence.

These are just examples of the complex matters our award-winning California premises liability lawyers can sort out for you.

Proving a California Premises Liability Claim

An injury on someone’s property doesn’t automatically give rise to a premises liability claim. Property owners or people who control the property are only liable if their negligent acts or omissions contributed to your injuries. To prevail in a premises liability lawsuit in California, you must prove that all of the following elements were present when you were injured:

Duty of care – The defendant owned, leased, occupied, or controlled the property.
Breach of duty – The defendant failed to exercise reasonable care in the use and maintenance of the property.
An injury – You experienced harm.
Proximate cause – The defendant’s breach of duty was a significant factor in causing the harm.

What Is Considered Reasonable Care in California Premises Liability Claims?

Reasonable care is a standard of conduct requiring a party to act as a reasonably prudent person would under the same circumstances. Under California premises liability law, a party controlling a property can be held liable for failing to use reasonable measures to protect visitors from harm.

This standard only applies when the action required to remedy the hazard would realistically be within the ability of the average party in the same position. A property owner is not required to take extraordinary action to remedy a hazard unless the potential for harm is highly likely. In some circumstances, it might be enough to post warnings or prevent the public from entering the area where the hazard exists.

For example, you may have seen locked doors with “High Voltage” signs. Such warnings are sufficient in this case because removing the hazard would be impractical, and the condition may be necessary to operate the business.

Premises owners and occupiers also may not be held liable if a visitor is in an unauthorized area. For example, if you enter a closed-door area marked “Employees Only,” the owner could use your lack of authorization as a defense. However, this defense may not be enough to avoid liability in all cases.

However, in both cases, if an owner should reasonably anticipate that someone could enter these areas, the owner may still be liable for the resulting harm if the area is unsecured. A reasonable measure would be to keep the door locked.

California courts instruct juries to consider all of the following when evaluating the liability of the owner or occupier of a property:

The property location
The likelihood of someone entering or using the property in a similar manner
The likelihood of harm and the probability of that harm being serious
Whether the defendant knew or should have known the hazard existed
The level of difficulty required to remove the hazard
The defendant’s degree of control over the hazardous condition
The length of time the hazard was present

To prevail in a premises liability claim in California, you must prove that the owner or operator knew or should have known about the hazard and that the owner had sufficient time to remove the hazard, protect against it, or provide sufficient warnings about it.

What If the Owner Didn't Know About the Property’s Dangerous Condition?

When you’ve been injured on someone else’s property, you must prove the defendant had actual or constructive knowledge of the dangerous condition. Actual knowledge means the defendant knew about the hazard. Constructive knowledge means the defendant should have known about it.

Property owners who allow the public to access their property have an affirmative duty to exercise ordinary care, which includes inspecting the property at reasonable intervals to ensure they promptly identify hazards. A court will generally determine that a property owner had constructive knowledge of a hazard in the following circumstances:

The owner or the owner’s agent failed to inspect the premises on a reasonable schedule.
The owner, the owner’s agent, or an employee created the hazard.
An employee had actual knowledge of the hazard and failed to remedy it.

It is also necessary to prove that the owner knew about the problem long enough to remedy it. For example, suppose a spill occurs in a grocery store, but no one notices for hours. The store owner may be liable if someone gets hurt because a reasonably diligent employee would have noticed.

If the spill causes an injury moments after it occurs, the court may determine that the defendant did not have constructive notice. However, it may still be possible to hold the defendant liable if you have evidence that the defendant did not inspect the store regularly. You can count on our resourceful California premises liability lawyers to uncover any conduct of the owner that can help your case.

Who Can Sue for Injuries on a Property?

While many states differentiate between invitees, licensees, and trespassers in premises liability cases, California did away with these distinctions in the 1968 case Rowland v. Christian. Instead, California determines liability based on whether the owner or controlling party’s actions or omissions were reasonable.

Under this standard, an owner may be liable for damages if the owner should reasonably have known that a visitor was likely to enter the property and encounter the hazard in the same manner as the injured party, even if the party is illegally on the property.

However, if the owner could not reasonably have foreseen that a visitor would enter the property in the same manner as the injured party, the owner may be able to avoid liability. Every case is unique, and the court will look at the big picture when determining whether an owner is liable.

California Premises Liability Claims Against Government Agencies

You can file a premises liability claim against a government entity in California if a public property’s dangerous condition is the proximate cause of your injury and the harm was reasonably foreseeable. The evidence must show that the entity knew or should have known about the hazard or that a government employee created it through a negligent act or omission.

The California Tort Claims Act requires injured parties to provide notice of the claim to the government entity before filing a lawsuit. The agency may agree to settle your claim. If you do not receive a response or your claim is denied, you can file a lawsuit against the entity. Public entities in California include but are not limited to:

Schools
State, county, or municipal buildings
City sidewalks
Public garages
Streets, roads, and highways
Public transit stations or vehicles

Statute of Limitations on Premises Liability in California

The deadline for filing most premises liability lawsuits in California is two years. However, there are exceptions. For example, if your claim is against a government entity, you only have six months to file your Notice of Claim. If the agency denies your claim, you have six months from the denial to file suit. If the agency fails to respond, you have two years from the date you were injured to file your lawsuit.

The filing deadline is known as the California personal injury statute of limitations. If you file your premises liability lawsuit too late, the court will likely dismiss your case. Thus, you will lose your right to recover compensation, no matter the severity of your injury or the extent of the property owner’s negligence.

To avoid missing this deadline, contact one of our experienced California premises liability lawyers as soon as possible. We will identify the liable parties and review the details of your accident so we can determine which deadline applies to your claim and file your lawsuit on time.

Damages Available in California Premises Liability Cases

You may recover significant compensation when you sustain serious injuries on someone else’s property due to an owner’s negligence. The types of damages available include the following:

Economic damages – compensation for monetary losses, including lost wages, lost earning capacity, medical expenses, and domestic services
Non-economic damages – compensation for intangible losses such as pain and suffering, loss of enjoyment of life, disability, and loss of society
Punitive damages – damages awarded in limited cases to punish a defendant whose conduct was malicious, oppressive, or fraudulent

Frequently Asked Questions

Below are answers to questions we frequently receive about premises liability in California.

What Conditions Does a Property Owner Have to Caution Against or Fix?

A property owner must do whatever is necessary to protect visitors from harm from a hazardous condition on the property. If the owner cannot remedy the condition quickly, they should provide a barrier preventing guests from accessing it. If this isn’t practical, the owner should use conspicuous signs to warn guests about the hazard.

A warning is unnecessary if a hazard is so obvious that any reasonable person would notice it. However, if an owner should reasonably be able to determine that there is a risk of harm but does nothing to remedy it, the owner may be liable for injuries.

What Kind of Warnings Need to Be Displayed?

Property owners and possessors should use clear, noticeable signs in the hazard area. The use of bright colors and barriers can make signs more conspicuous. They should be large enough and noticeable enough that the average person would see them in time to avoid the hazard.

Public entities maintaining roads in California must place warning signs alerting drivers to dangerous conditions known to the government but not a reasonable driver. If they don’t and an injury results, they may be liable. Such dangerous conditions include sharp turns, steep declines, or icy road surfaces.

What Areas Should Property Owners Inspect?

Property owners should inspect any areas accessible to the public and building systems that could impact the safety of people on the premises.

What If the Owner Claims I Was Trespassing?

It’s common for property owners to claim accident victims were trespassing in hopes of evading liability. However, this isn’t always a successful defense in California because the premises liability law applies a reasonableness standard to all injury claims against property owners.

If the owner should have known a trespasser would likely enter the property, the owner may still be liable.

There is an exception in the case of dog bite injuries. If a dog bites you while you trespass on a property, the dog owner can use your status as a trespasser as a defense.

What If a Loved One Died in an Accident on Someone Else’s Property?

If a loved one has tragically died from a dangerous property condition, you may be able to hold the negligent property owner responsible through a wrongful death lawsuit. While no amount of money can make up for the loss of your family member, it can provide justice for your lost loved one and give your family relief from the financial costs of the death.

Let Our California Premises Liability Law Firm Help

We are a California personal injury law firm with over 130 years of combined experience helping accident victims hold negligent property owners accountable. We have offices in Sacramento, Oakland, and Santa Rosa, but we help people in all parts of the Golden State.

We are a family-owned and operated law firm that works together to offer every client a personalized experience and the maximum compensation available. We may seem like a small law firm, but we have the resources and experience to stand up to large corporations to win you the damages you deserve.

We have recovered hundreds of millions in verdicts and settlements, including a $10.03 million settlement in a recent trip-and-fall case.

We are ready to take on your case and fight just as hard for you. We charge no upfront fees, and you will never owe us anything unless we win. Contact us today to schedule your free case review.