📋 What is Premises Liability?
Premises liability is a legal doctrine that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. In California, property owners have a duty to maintain their property in a reasonably safe condition and to warn visitors of known dangers.
When to Use This Guide
Use this guide if you were injured on someone else's property due to:
💧 Slip and Fall
Wet floors, spills, ice, uneven surfaces, or debris causing falls
🔒 Inadequate Security
Assault, robbery, or attack due to lack of proper security measures
🚧 Defective Conditions
Broken stairs, loose railings, falling objects, or structural hazards
🔥 Fire or Electrical
Burns or electrocution from faulty wiring, fire hazards, or code violations
👍 What You Can Recover in Premises Liability Cases
- Medical expenses - Past and future treatment costs
- Lost wages - Income lost during recovery and diminished earning capacity
- Pain and suffering - Physical pain and emotional distress
- Property damage - Damaged personal items
- Loss of enjoyment - Inability to participate in life activities
Common Premises Liability Scenarios
🏪 Retail Store Injuries
▼Slip on spilled liquids, trip over merchandise displays, falling items from shelves, broken shopping carts, inadequate lighting in parking lots. Stores have a heightened duty because they invite the public onto their property for business purposes.
🏢 Apartment/Rental Property
▼Broken stairs, defective elevators, missing handrails, pool hazards, inadequate lighting in common areas, failure to maintain locks or security systems. Landlords must maintain safe common areas and repair known hazards.
🏖 Restaurant/Bar Injuries
▼Wet floors from mopping without warning signs, grease on kitchen floors, broken chairs or booths, assaults by other patrons, food debris on floors, inadequate security during late hours.
🏞 Hotel/Motel Injuries
▼Pool accidents, bathtub slip and falls, balcony defects, bed bug infestations, inadequate room security, elevator malfunctions. Hotels owe guests a high duty of care as business invitees.
🛠 Construction Site Accidents
▼Falling materials, unmarked excavations, exposed electrical, collapsing structures, inadequate barriers. Property owners who hire contractors may still be liable for failing to ensure safe conditions for visitors.
⚠ Time is Critical
California has a 2-year statute of limitations for personal injury claims under Code of Civil Procedure 335.1. Claims against government entities require filing a claim within 6 months. Evidence deteriorates and witnesses forget - act quickly to preserve your case.
⚖ Legal Basis
California provides strong protections for people injured on someone else's property. These statutes and cases establish property owner liability.
Key California Law
California Civil Code Section 1714(a)
Everyone is responsible for injuries caused by their want of ordinary care or skill in the management of their property. This establishes the foundation for all premises liability claims in California.
Rowland v. Christian (1968)
Landmark California Supreme Court case establishing that property owners owe a duty of ordinary care to all persons on their property, regardless of whether they are invitees, licensees, or trespassers. California uses a unified standard of care.
Civil Code Section 1714.10 - Comparative Fault
California follows pure comparative negligence. Your recovery is reduced by your percentage of fault, but you can still recover even if you are mostly at fault. For example, if you are 30% at fault, you recover 70% of your damages.
Code of Civil Procedure 335.1
Personal injury actions must be filed within two years from the date of injury. This includes premises liability claims. Missing this deadline bars your claim forever.
Elements You Must Prove
- Duty of care - The property owner owed you a duty to maintain safe premises
- Dangerous condition - An unsafe condition existed on the property
- Knowledge - The owner knew or should have known about the hazard
- Failure to act - The owner failed to repair, remove, or warn of the hazard
- Causation - The dangerous condition caused your injury
- Damages - You suffered actual harm as a result
💡 Constructive Notice Doctrine
You do not need to prove the owner actually knew about the hazard. Under California law, if a dangerous condition existed long enough that a reasonable owner would have discovered it through ordinary inspection, the owner is deemed to have "constructive notice" and can be held liable.
✅ Evidence Checklist
Gather these documents before sending your demand letter. Click to check off items as you collect them.
📷 Scene Documentation
- ✓ Photos/videos of the hazard that caused injury
- ✓ Photos showing lack of warning signs or barriers
- ✓ Photos of your visible injuries at the scene
- ✓ Shoes and clothing worn during incident (preserve as evidence)
📝 Incident Reports
- ✓ Store/business incident report (request a copy)
- ✓ Police report if law enforcement responded
- ✓ 911 call records and EMS run sheets
- ✓ Your own written account of what happened (write immediately)
👥 Witness Information
- ✓ Names and contact info for all witnesses
- ✓ Written or recorded witness statements
- ✓ Names of employees who witnessed or responded
🏥 Medical Records
- ✓ Emergency room records and bills
- ✓ All follow-up treatment records and bills
- ✓ Physical therapy records and costs
- ✓ Prescription records and pharmacy receipts
- ✓ Doctor's notes on prognosis and future treatment
💰 Financial Records
- ✓ Pay stubs showing pre-injury earnings
- ✓ Documentation of missed work days
- ✓ Letter from employer confirming lost wages
- ✓ Receipts for out-of-pocket expenses
🔎 Property Information
- ✓ Property owner's name and contact info
- ✓ Business name if commercial property
- ✓ Property manager's information if applicable
- ✓ Prior complaints or incidents at same location (if known)
🔒 Preserve All Evidence
Take photos immediately - hazards get fixed quickly after accidents. Keep the shoes and clothes you wore. Request security camera footage in writing before it gets deleted (usually 30 days or less). Document everything while memories are fresh.
💰 Calculate Your Damages
In premises liability cases, you can recover both economic and non-economic damages. Here is what you may be entitled to claim.
| Category | Description |
|---|---|
| Medical Expenses (Past) | All medical bills incurred to date: ER, doctors, surgery, imaging, therapy |
| Medical Expenses (Future) | Projected future treatment costs based on doctor's prognosis |
| Lost Wages (Past) | Income lost from missing work during recovery |
| Lost Earning Capacity | Reduced ability to earn income in the future due to permanent injury |
| Pain and Suffering | Physical pain, discomfort, and inconvenience from your injuries |
| Emotional Distress | Anxiety, depression, PTSD, fear, and mental anguish |
| Loss of Enjoyment | Inability to participate in hobbies, activities, and life pleasures |
💡 California's Comparative Fault Rule
Under California's pure comparative negligence system, your recovery is reduced by your percentage of fault. If your damages are $100,000 and you are found 20% at fault (for example, not watching where you walked), you would recover $80,000. You can still recover even if you are more than 50% at fault.
📊 Sample Damages Calculation
Example: Slip and Fall in Grocery Store
💰 Pain and Suffering Multiplier
California does not cap pain and suffering damages in most personal injury cases. A common approach is to multiply medical expenses by a factor between 1.5 and 5, depending on injury severity, permanence, and impact on daily life. More severe, permanent injuries warrant higher multipliers.
📝 Sample Language
Copy and customize these paragraphs for your demand letter.
🚀 Next Steps
What to do after sending your demand letter.
Expected Timeline
Days 1-7
Property owner/insurer receives and assigns your claim
Days 7-21
Insurance adjuster reviews evidence and investigates
Days 21-45
Response with settlement offer, denial, or request for more information
If They Don't Pay or Lowball You
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Consult a Personal Injury Attorney
Most premises liability attorneys work on contingency (no fee unless you win). They typically take 33-40% of the recovery. For serious injuries, attorney representation significantly increases average settlement amounts.
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Continue Medical Treatment
Do not stop treating just because you sent a demand. Gaps in treatment hurt your case. Follow all doctor recommendations.
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File a Lawsuit
If settlement cannot be reached, you can file a personal injury lawsuit in California Superior Court. The filing fee is approximately $435. Many cases settle after filing but before trial.
⚠ Claims Against Government Entities
If your injury occurred on government property (city sidewalk, public building, state park), you must file a government tort claim within 6 months of the incident under the California Tort Claims Act. This is a strict deadline - missing it bars your claim entirely. Use the government entity's claim form.
Need Legal Help?
Premises liability cases can be complex. Get a 30-minute strategy call with an attorney to evaluate your case and discuss next steps.
Book Consultation - $125California Resources
- California Courts Self-Help: selfhelp.courts.ca.gov - Forms and instructions
- State Bar Lawyer Referral: calbar.ca.gov/Public/Need-Legal-Help
- CA Civil Code 1714: leginfo.legislature.ca.gov
- Small Claims Limit: $12,500 (individuals) / $6,250 (businesses)