Premises liability is the area of law that covers injuries caused by unsafe property. In California, people who own, lease or control property must use reasonable care to keep it safe and to fix or warn about dangers they know about, or should have found with reasonable inspection.
That includes stores, restaurants, apartment complexes, parking lots, hotels, gyms and private homes. Not every fall is someone else’s fault. The question is whether the person in charge of the property acted reasonably. If they did not, and that caused your injury, you may be able to recover medical bills, lost wages, and pain and suffering.
Premises cases are decided under the general negligence rule in Civil Code 1714 and the California jury instructions for premises liability. In practice, the cases we see across Orange County, the Inland Empire and Riverside often come down to a few questions:
Store video, sweep logs and maintenance records often answer these questions, which is why it matters to ask for them quickly.
After a fall or other injury on someone else’s property, we can:
We cannot promise a result, but we will explain each step in plain language. Our office staff speaks Spanish and Farsi. See also our slip-and-fall and dog bite page.
To prove a premises liability claim, the injured person usually needs evidence of three things:
Useful evidence includes photos of the exact spot, incident reports, witness statements, video, and inspection and maintenance logs. In some cases, an engineer or safety consultant may testify about stairs, lighting or flooring. Contact us for a free consultation.
California law requires everyone to use reasonable care in managing their property (Civil Code 1714). In a premises liability claim, the injured person generally has to show that:
The “should have known” part matters. A store or landlord that never inspects cannot always avoid responsibility by saying it did not see the hazard.
Landlords, property managers, businesses, homeowners and maintenance contractors can all be responsible depending on who controlled the area.
Falls on public sidewalks, in city buildings, parks or on government-owned property follow different rules. Liability for a dangerous condition of public property is governed by Government Code section 835, and a written claim usually must be filed within six months (Government Code 911.2). Missing that deadline can end the case, so call early if a city, county, school district or state agency may be involved.
Stores often have video that is overwritten within days or weeks. We send preservation letters quickly. California’s pure comparative fault rule applies, and most lawsuits against private parties must be filed within two years (CCP 335.1).
Possibly. It depends on whether the store knew or should have known about the hazard and failed to fix it or warn about it. Video and inspection records are often key.
Landlords may be responsible for dangerous conditions in areas they control or that they knew about and failed to repair. Each lease and situation is different.
Claims against a public entity usually require a written claim within six months under Government Code 911.2, so act quickly.
No. The consultation is free, and we work on contingency.
Orange County: call (949) 989-2511. Riverside, the Inland Empire and the Coachella Valley: call (951) 583-1900. Text (949) 776-8964 any time — we answer 24/7 and the first consultation is free. Our office staff speaks Spanish and Farsi. We work on contingency, so you pay no attorney fees unless we recover money for you. Related: slip and fall and dog bites, catastrophic injuries, case results, en español.
Attorney Advertising. General information only, not legal advice; contacting us does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome.
