Types of Premises Liability Cases We Handle in California
Premises liability law applies when unsafe or dangerous property conditions cause injury. Our premises liability lawyers in California represent clients injured on both public and private property due to negligence. These cases often involve property owners, managers, landlords, or businesses that failed to maintain a safe environment.
Common premises liability cases we handle include:
Slip and fall accidents caused by wet floors, spills, loose flooring, or uneven surfaces
Trip and fall injuries from cracked sidewalks, broken stairs, or unmarked hazards
Inadequate security claims, including assaults due to poor lighting or lack of security measures
Falling objects from shelves, construction areas, or unsecured fixtures
Swimming pool accidents, including lack of fencing or supervision
Elevator and escalator injuries due to improper maintenance
Dog bites and animal attacks occurring on private property
Structural hazards, such as collapsing balconies, ceilings, or handrails
Who Can Be Held Liable for a Premises Liability Injury in California
In a California premises liability claim, liability depends on who owned, controlled, or maintained the property where the injury occurred. More than one party may be held responsible when unsafe conditions exist and injuries result.
Potentially liable parties may include:
Property owners who fail to maintain safe conditions
Landlords responsible for common areas in apartment buildings or rental properties
Business owners and operators who allow hazards to remain on their premises
Property management companies tasked with maintenance and safety inspections
Homeowners whose negligence causes injuries to visitors or guests
Government entities responsible for public property, sidewalks, or municipal buildings
To establish liability, an injured person generally must prove that the responsible party:
Owed a duty of care to lawful visitors
Knew or should have known about the dangerous condition
Failed to repair, warn of, or prevent the hazard
Caused injuries and damages as a direct result of that negligence
Proving Negligence in a California Premises Liability Claim
To succeed in a premises liability claim, an injured person must show that the property owner or responsible party acted negligently. In California, negligence is established by proving specific legal elements that connect unsafe property conditions to the injuries suffered.
A successful premises liability claim generally requires proof of the following:
Duty of care – The property owner or occupier had a legal obligation to keep the property reasonably safe
Breach of duty – The owner failed to repair, inspect, or warn of a dangerous condition
Notice of the hazard – The owner knew or should have known about the unsafe condition through reasonable inspections
Causation – The dangerous condition directly caused the injury
Damages – The injured person suffered measurable losses such as medical bills, lost income, or pain and suffering
Evidence commonly used to prove negligence includes:
Surveillance footage or photographs of the hazard
Incident reports and maintenance records
Witness statements
Medical records linking injuries to the accident
Expert testimony regarding property safety standards
Injuries Caused by Unsafe Property Conditions
Premises liability accidents can result in a wide range of injuries, from minor harm to life-altering trauma. Because these incidents often involve sudden falls, falling objects, or violent assaults due to inadequate security, the resulting injuries can be severe and require long-term medical care.
Common injuries in California premises liability cases include:
Broken bones and fractures, including wrists, arms, hips, and ankles
Head injuries and traumatic brain injuries (TBIs) from slip and fall accidents
Spinal cord and back injuries, including herniated discs and paralysis
Soft tissue injuries, such as torn ligaments, sprains, and muscle damage
Internal injuries involving organs or internal bleeding
Cuts, lacerations, and scarring caused by sharp or falling objects
Burn injuries from exposed wiring, unsafe equipment, or fire hazards
- Psychological trauma, including anxiety or PTSD after assaults due to poor security
What Compensation Is Available in a California Premises Liability Case
If you were injured due to unsafe property conditions, California law allows you to seek compensation for the losses you suffered. The value of a premises liability claim depends on the severity of the injuries, the impact on your daily life, and the degree of negligence involved.
Compensation in a premises liability case may include:
Medical expenses, including emergency care, hospital bills, surgery, rehabilitation, and future treatment
Lost wages for time missed from work during recovery
Loss of future earning capacity if injuries limit your ability to work long-term
Pain and suffering for physical pain and emotional distress
Emotional distress related to trauma, anxiety, or reduced quality of life
Permanent disability or disfigurement damages
Out-of-pocket expenses related to the injury
In cases involving extreme negligence or reckless conduct, punitive damages may also be available to punish the responsible party and deter similar behavior in the future.
Frequently Asked Questions About Premises Liability in California
What is premises liability?
Premises liability is an area of personal injury law that holds property owners and occupiers responsible when unsafe conditions on their property cause injuries. This includes hazards such as wet floors, broken stairs, poor lighting, or inadequate security.
Do I have to prove the property owner knew about the dangerous condition?
Not always. In California, you may recover compensation if the property owner knew or should have known about the hazard through reasonable inspections and failed to fix it or provide adequate warnings.
What if I was injured on someone else’s property?
You may still have a valid claim. Property owners owe a duty of care to lawful visitors, including guests, customers, tenants, and in many cases even delivery drivers or contractors.
Can I still recover compensation if I was partially at fault?
Yes. California follows a pure comparative negligence rule, meaning you can still recover damages even if you were partially responsible. Your compensation may be reduced by your percentage of fault.
How long do I have to file a premises liability claim in California?
In most cases, you have two years from the date of the injury to file a premises liability lawsuit. Claims involving government property often have much shorter deadlines.
What if the injury happened at a business or apartment complex?
Businesses, landlords, and property management companies can all be held liable when they fail to maintain safe premises or correct known hazards in common areas.
Do I have to pay anything upfront to hire a premises liability lawyer?
No. ER Trial Lawyers handles premises liability cases on a contingency fee basis, meaning you pay nothing unless compensation is recovered.
Speak With a California Premises Liability Lawyer Today
If you were injured due to unsafe or dangerous property conditions, you should not have to face the legal process alone. Property owners and businesses have a responsibility to keep their premises safe, and when they fail, ER Trial Lawyers is ready to hold them accountable.
Our experienced premises liability lawyers in California fight aggressively for injured victims and are prepared to take cases to trial when necessary. We understand the physical, emotional, and financial toll these injuries can take, and we are committed to pursuing the maximum compensation available under the law.
There is no cost to speak with us, and you pay nothing unless we recover compensation on your behalf.
Contact ER Trial Lawyers today for a free consultation and learn how we can help protect your rights after a premises liability injury.
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