How long do I have to file a premises liability lawsuit in California?

The statute of limitations for premises liability claims in California is generally 2 years from the date of injury under CCP 335.1. Claims against government entities must file a government claim within 6 months under the California Government Claims Act.

What types of injuries are covered by premises liability?

Premises liability covers slip and fall accidents, trip hazards, inadequate security, swimming pool accidents, dog bites on property, falling objects, elevator/escalator accidents, toxic exposure, fire hazards, and structural defects causing injury.

Can I sue a store if I slip and fall in California?

Yes, you can sue a store for slip and fall injuries if you can prove they knew or should have known about the dangerous condition and failed to fix it or warn customers. California uses comparative negligence, so your recovery may be reduced by your percentage of fault.

Do I Need a Lawyer for Premises Liability?

Q: What is premises liability in California?

Premises liability holds property owners and occupiers responsible for injuries caused by dangerous conditions on their property. Under California Civil Code Section 1714, owners must exercise reasonable care to maintain safe premises for visitors, guests, and even some trespassers.

Answer a few questions to get personalized guidance for your California property injury case

How severe are your injuries from the property hazard?

Injury severity affects potential damages and case complexity

Serious injuries requiring surgery, hospitalization, or long-term treatment

Moderate injuries requiring ongoing medical care (fractures, torn ligaments)

Minor injuries with limited treatment (bruises, sprains, minor cuts)

No physical injuries, just property damage or near-miss

Where did the injury occur?

Property type affects legal standards and insurance coverage

Commercial property (store, mall, restaurant, hotel)

Government property (park, sidewalk, public building)

Rental property (apartment building, common areas)

Private residence (neighbor's home, private property)

What type of hazard caused your injury?

Some hazards have clearer liability than others

Negligent security (assault, robbery due to inadequate security)

Swimming pool accident or drowning

Slip and fall (wet floor, icy walkway, spilled liquid)

Trip hazard (broken steps, uneven pavement, debris)

Other hazard (falling objects, poor lighting, elevator malfunction)

Did the property owner know about the hazard?

Knowledge of danger is key to proving liability

Yes, they knew and failed to fix it or warn (prior complaints, visible problem)

They should have known through reasonable inspection

The hazard existed long enough they should have discovered it

Unknown - the hazard appeared suddenly or recently

Is the property owner's insurance company involved?

Insurance adjusters may try to minimize your claim

Yes, they've contacted me and are disputing the claim

Yes, they made a quick settlement offer

Not yet, but I expect them to be involved

No insurance involved or property owner is uninsured

Do you have evidence of the dangerous condition?

Documentation strengthens your claim

Yes, photos/video of the hazard, incident report, and witness statements

Some evidence (photos or incident report, but not both)

Limited evidence but witnesses saw what happened

No evidence - the hazard was cleaned up or repaired immediately

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You Should Hire a Premises Liability Lawyer

Your case involves factors that strongly benefit from professional legal representation.

Why legal help is recommended:

Serious injuries justify contingency fee representation
Property owners and insurers will have lawyers
Expert testimony may be needed (safety, medical)
Evidence preservation requires immediate action
Comparative negligence defenses must be countered

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Legal Consultation Recommended

Your situation has moderate complexity. A consultation can help determine if you need representation.

Consider consulting an attorney if:

Your medical bills exceed a few thousand dollars
The insurance company disputes liability
You're unsure how to prove the owner's negligence
The injury affects your ability to work
The statute of limitations deadline is approaching

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You May Be Able to Handle This Yourself

For minor premises liability claims with good documentation, you can pursue compensation independently.

Recommended steps:

Document all medical treatment and expenses
File an incident report with the property owner/manager
Send a formal demand letter to the property owner
File a claim with their insurance company
Consider small claims court for claims under $12,500

Create Premises Liability Demand Letter California Small Claims Guide

Understanding Premises Liability in California

Premises liability law in California holds property owners and occupiers responsible for injuries caused by unsafe conditions on their property. Under California Civil Code Section 1714, property owners have a duty to exercise reasonable care to prevent foreseeable harm to visitors.

Types of Premises Liability Cases

Case Type	Common Causes	Key Issues
Slip and Fall	Wet floors, ice, spills, waxed surfaces	Notice, warning signs, cleanup timing
Trip and Fall	Broken steps, uneven pavement, debris	Prior complaints, inspection frequency
Negligent Security	Assaults, robberies, inadequate lighting	Foreseeability, prior crimes, security measures
Swimming Pool	Drowning, diving injuries, lack of fencing	Pool code violations, supervision
Falling Objects	Store displays, construction debris	Stacking methods, warnings, barriers

Proving a Premises Liability Claim

To succeed in a California premises liability case, you must prove:

Dangerous condition: The property had an unsafe condition
Owner knowledge: The owner knew or should have known about it
Failure to act: They failed to fix it, warn about it, or protect visitors
Causation: The condition caused your injury
Damages: You suffered actual harm or losses

DIY vs. Hiring a Lawyer

Factor	Handle Yourself	Hire a Lawyer
Injury Severity	Minor injuries, quick recovery	Serious injuries, surgery, permanent damage
Medical Bills	Under $5,000	Over $10,000
Evidence	Clear photos, incident report	No documentation, disputed facts
Liability	Owner admits fault	Disputed or comparative negligence claimed
Insurance	Cooperative adjuster	Denied claim, lowball offer

California-Specific Rules

Comparative negligence: Your recovery is reduced by your percentage of fault (California Civil Code 1714)
Statute of limitations: 2 years from injury for personal injury claims (CCP 335.1)
Government claims: Only 6 months to file a claim against government entities
Open and obvious doctrine: Limited defense in California - owners may still be liable for obvious hazards

Important Deadlines

Personal injury claims: 2 years from date of injury
Government property claims: 6 months to file administrative claim
Property damage only: 3 years from date of damage
Discovery rule: Time may be extended if injury wasn't immediately apparent

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