California Premises Liability Lawyer

Does it matter in California whether you were a customer or a guest?

Less than in most states. California courts long ago rejected the rigid invitee, licensee and trespasser categories. Instead, the owner generally must act as a reasonable person would to prevent harm, considering all the circumstances.

The reason you were on the property still matters, because it affects what the owner could foresee. A store expects shoppers, a hotel expects guests and an apartment owner expects tenants and visitors. The central questions are whether the owner knew or should have known about the danger and whether it took reasonable steps to fix it or warn people.

There are limits. People injured while committing certain serious crimes on the property generally cannot recover, and California limits the liability of owners who open their land to the public for recreation without charge. Those protections do not apply when the owner charged a fee, expressly invited the visitor or acted willfully.

Which California properties lead to the most claims?

Stores, rental housing, hotels, entertainment venues and public spaces account for most cases.

• Grocery and big-box stores, where spills, produce on the floor and falling merchandise cause falls.
• Apartments, where broken stairs, faulty railings, poor lighting and unsafe balconies are common.
• Hotels, resorts and theme parks, where pool decks, wet walkways and crowded areas create hazards.
• Restaurants and bars, where spills and overcrowding lead to falls and fights.
• Parking garages and lots, where poor lighting and uneven surfaces lead to falls and assaults.

Large stores and venues usually have cameras, inspection routines and written safety policies. Whether employees actually followed those routines on the day of the fall is often the key question, and video may be kept only for a short time unless someone asks the business to preserve it.

How is fault shared after a fall in California?

Your recovery is reduced by your share of fault, but it is never barred. Fault can also be divided among several owners, managers and contractors.

A worked example: a tenant in a San Diego apartment complex falls on a stairway where a light had been out for weeks and a stair tread was loose. Damages total $150,000. The jury finds the property management company 60% at fault, the owner 25% at fault and the tenant 15% at fault for carrying a large box that blocked her view. The tenant recovers $127,500. Economic losses can generally be collected from either defendant, while pain and suffering is divided by each defendant's share.

What if you were hurt on public property?

A written government claim generally must be filed within 6 months. California public entities can be liable for a dangerous condition of public property when they knew or should have known about it and had time to fix it.

Broken sidewalks, potholes in crosswalks, unsafe public stairways, dangerous playground equipment and poorly maintained public buildings are common examples. Public entities have defenses, including that a defect was minor or that the entity lacked notice. If the claim is denied, a separate deadline to sue begins. Our page on government and public property claims explains the process.

When is a California business responsible for a crime on its property?

Sometimes. A business may be responsible when an attack was foreseeable, often shown through prior similar incidents, and it failed to take reasonable steps. California courts weigh how foreseeable the crime was against how burdensome the protective measure would be. Simple measures such as lighting or locks may be required with less proof than costly measures such as security guards. Our premises liability page explains negligent security in more depth.

What should you do after an injury on someone else's property?

Document the hazard, report the incident, and get medical care.

1. Photograph the hazard, the lighting and the surrounding area.
2. Ask for a copy of the incident report and the names of employees who responded.
3. Collect contact information from witnesses.
4. Keep your shoes and clothing.
5. Contact a lawyer who can request preservation of video and maintenance records.

Most California premises claims against private owners must be filed within 2 years. California dog owners face strict liability for bites in many situations; see our dog bite page. For other claims, visit our California injury guide or our California wrongful death page. We offer a free case review, and you pay no fee unless we win.