“Premises Liability” California – How to Bring an Injury Lawsuit

In California, the law of premises liability places on property owners and managers a duty of care (1) to maintain their property in a reasonably safe condition, and (2) to warn guests and visitors of lurking dangers that may not already be open and obvious.

This duty of care obligates people who own, possess, or control property to exercise reasonable care to:

• Maintain their property;
• Inspect the property;
• Repair any potentially dangerous conditions; and/or
• Give adequate warning of any dangerous condition(s). ^{1 2}

A property owner or occupier who is negligent in failing to keep the property in a reasonably safe condition may be liable for any injuries sustained on the property. You may be able to file a personal injury lawsuit against the property owner for damages.

Compensatory damages in a California premises liability lawsuit can include:

• Medical bills,
• Physical therapy,
• Continuing medical care,
• Lost wages,
• Lost earning capacity,
• Scarring or disfigurement, and
• Pain and suffering.

Our California premises liability attorneys discuss the following frequently asked questions about California premises liability lawsuits:

• 1. What are California’s premises liability laws?
• 2. Who can I sue if I am injured on someone else’s property?
• 3. What are the most common premises liability claims?
  • 3.1. Slip and Fall Accidents
  • 3.2. Waterpark and Amusement Park Accidents
  • 3.3. Construction Site Accidents
  • 3.4. Stair Injuries
  • 3.5. Injuries Caused by Animals
  • 3.6. Elevator Injuries
  • 3.7. Home Accidents
• 4. What dangerous conditions does the property owner have to warn about or fix?
• 5. What kind of award for damages is available in a premises liability lawsuit?
• 6. Do property owners owe a duty of care to trespassers?
• 7. Does homeowner’s insurance pay for accidents on the homeowner’s property?
• 8. Who is responsible for injuries on public property or in government buildings?

1. What are California’s premises liability laws?

California’s premises liability laws are based on negligence. Under California Civil Code 1714(a):

Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…

In a premises liability cause of action, you must prove that you were harmed because of the way the defendant managed the property. Specifically, under California law you must prove:

1. The defendant owned, leased, occupied, or controlled the property;
2. The defendant was negligent in the use or maintenance of the property;
3. You were harmed; and
4. The defendant’s negligence was a substantial factor in causing your harm.³

Example: Tanya stays at a hotel for a business trip and gets bitten by bedbugs. It turns out the hotel had received complaints about bedbugs from previous guests, but failed to investigate or take corrective action.

In a bedbug injury lawsuit, Tanya is likely to recover damages for her medical bills, pain and suffering, lost wages, and possibly punitive damages.

The “duty of care” for a property owner is based on what a reasonable property owner would do under similar circumstances. In determining whether or not the defendant breached the duty of care, the jury can consider, among other factors, the following:

• The location of the property;
• The likelihood that someone would come onto the property in the same way as you;
• The likelihood of an injury;
• The probable seriousness of such an injury;
• Whether the owner knew of or should have known of the condition;
• The burden of reducing or avoiding the risk; and
• The owner’s degree of control over the risk-creating condition.⁴

Example: Tom’s home has a broken outdoor step that a pizza delivery man slips on. If he brings a staircase injury lawsuit, Tom would probably be liable for damages because Tom knew about the bad step and did not warn the delivery man about it.

2. Who can I sue if I am injured on someone else’s property?

If you are injured on someone else’s property, you can generally sue the individual or company who

• owns,
• leases,
• occupies, or
• controls the property.

The party responsible does not need to be someone who owns, possesses, and controls the property. Control alone is sufficient for liability.⁵

The person responsible for the property may depend on the type of property. There may also be multiple parties that share responsibility for the property.

The property owner or possessor generally cannot delegate away the duty to keep the property in a reasonably safe condition. If the property owner hires an independent contractor to fix an unsafe condition and that contractor negligently fails to make the condition safe, the property owner is still responsible for the condition of the property. If the unsafe condition results in an injury, the property owner could still be liable for damages.⁶

Similarly, if an employee is negligent in failing to fix a hazardous condition or warn the employer about dangers on the property, the employer may be liable for the employee’s negligence. Under California’s respondeat superior laws, the principal is liable for the negligence of the agent. An employer or business is vicariously liable for the employee’s negligence that occurs within the scope of employment.⁷

In a premises liability cause of action in California, the potential defendant(s) may include a:

• Homeowner;
• Business owner;
• Tenant or renter;
• Property management company;
• Parent company;
• Retail center;
• Restaurant;
• Store; or
• Employee of one of the above.

Example: Sean – a clerk at Sam’s Grocery – forgets to clean up spilled grapes. Soon a customer slips and falls on them. Sam’s Grocery is ultimately liable to the customer for Sean’s negligence and would owe him damages.

3. What are the most common premises liability claims?

Premises liability accidents can occur in just about any type of property, including

• government property,
• parks,
• office buildings,
• stores and malls,
• parking lots,
• apartments, and
• private homes.

Some of the more common examples of premises liability accidents are described below.

3.1. Slip and Fall Accidents

Slip and fall accidents are some of the most common premises liability accidents in California. Common causes of slip and fall liability in California include:

• Spills or leaks,
• Loose carpeting,
• Uneven floors,
• Uncovered cables and cords,
• Broken or missing railings,
• Failure to close off construction sites, and
• Failure to put up warning signs about known hazards.

Example: Arthur is working out at Neighborhood Gym. Arthur is walking over to the free weights when he trips on a torn piece of carpet and hits his head on a barbell, suffering a catastrophic head injury. Neighborhood Gym may be liable for Arthur’s fitness center injury because the torn carpet was a trip hazard.

3.2. Waterpark and Amusement Park Accidents

Waterparks and Amusement Parks in California can be the source of many types of premises liability lawsuits. These parks have large crowds passing through every day and owe a duty of care to the visitors to make sure the parks are safe.

Amusement park companies have a duty to provide a safe environment for customers, including making sure roller coasters are safe for all riders. Amusement park owners are also responsible for maintaining the property, including the

• rides,
• line-up areas,
• food service areas, and even
• parking lots.

When you are injured in an amusement park, the park may be liable for damages.

Water parks can present additional dangers to patrons. At a water park, most of the customers are barefoot children. A reasonable water park owner should be aware of the potential accidents that can occur in a water park and take steps to prevent any injuries.

When you are injured in a water park or water slide accident, the park owners should be liable for failing to provide a safe environment for park-goers.

3.3. Construction Site Accidents

Construction sites often have a number of potential hazards for anyone in the construction zone. Construction sites have a number of safety regulations for employees to help avoid workplace (on-the-job) injuries.

However, property owners still have a duty of care to you if you are on the property. Property owners can also be liable for accidents that occur just off the property but are caused by hazardous conditions within the property.⁸

Construction site accidents may include a number of risks to passersby or visitors. Visitors or customers to store or office buildings may end up walking into a construction area without even knowing it.

Part of the duty of a property owner may include providing warnings or barriers to prevent people from walking into dangerous areas. Construction site accidents can include:

• Crane accidents,
• Electric shock injuries,
• Ladder injuries,
• Roofing accidents, and
• Scaffolding injuries.

3.4. Stair Injuries

Accidents on stairs can be caused by

• broken steps,
• rotted wood, and
• loose handrails.

When you are injured in a dangerous stairway accident, the property owner may be liable for your damages.

Keeping the property in a safe condition includes

• making stair repairs,
• fixing any broken steps, and
• making sure it is safe for you to walk up and down the stairs.

If you fall because of broken stairs or dangerous conditions in the stairway, the property owner may be liable for your damages.

3.5. Injuries Caused by Animals

Injuries caused by animals can be part of premises liability. This includes situations where a dangerous property condition caused the animal to harm you.

Example: Michelle is riding a horse on Sandy’s Day Ride Farm and falls through a sinkhole that Sandy forgot to warn her about. Michelle may have a claim against the property owner for her horseback riding injury because the property owners were aware of the dangerous conditions and did not warn Michelle of the dangers.

Another common area of injuries on private property involves dog bite injuries. However, most dog bite injury cases are covered by specific laws which apply to dog bite injury laws in California.

A homeowner may be negligent in securing a dog on their property but the personal injury case will generally apply ”strict liability” for most dog bite injuries.⁹

3.6. Elevator Injuries

If you are injured in an elevator accident, you can file a lawsuit against those responsible for causing the accident. Generally, elevator accidents are the responsibility of the property owner. However, elevator accidents may also fall under products liability if the manufacturer or seller puts out a faulty product.

Property owners with an elevator on the property, including office buildings or apartments, are responsible for making sure the elevators are operating in a safe manner. If the elevators are not safe, the property owner is responsible for

• fixing the elevator and
• warning you about the risks.

Failure to do this can make the property owner liable for any accidents and injuries.

3.7. Home Accidents

Many people forget about all the accidents that can happen in the home. According to one study, more accidents happen at home than anywhere else.¹⁰

Just as a home accident can occur in one’s own home, they may be just as likely when visiting another person’s home. Accidents in the home can include:

• Burn injuries,
• Electric shock,
• Inhalation injuries,
• Chemical injuries,
• Falling trees and limbs,
• Domestic worker injuries,
• Deck and balcony collapses,
• Drowning,
• Poisoning, and
• Slip and falls.

If an accident occurred in someone else’s home and the occupier or homeowner may be responsible. If the homeowner does not keep the property in a reasonably safe condition and you are injured, the homeowner is generally liable for damages. Also, a landlord may be liable for allowing unsafe conditions at a rental property.

Example: Aaden’s new friend comes over and falls through a loose floorboard that Aaden forgot to warn him about. Aaden may be liable to him for damages because of the known hazard.

4. What dangerous conditions does the property owner have to warn about or fix?

Property owners have an affirmative duty to fix dangerous conditions or warn you about those hazards. A property owner cannot avoid liability just by claiming they did not know about the dangerous conditions.

The owner or occupier is under a duty to exercise ordinary care in maintaining the property to avoid exposing you to an unreasonable risk of harm.

The property owner must use reasonable care to discover any unsafe conditions. Evidence of whether a property owner knew or should have known about the condition can be shown by:

• The obviousness of the hazard,
• Complaints about the dangerous conditions,
• Amount of time that the dangerous condition existed,
• Prior injuries caused by the dangerous condition, and
• Poor attempts to fix the hazard.

In general, property owners may not be liable for damages caused by a “minor, trivial, or insignificant defect,” on the property. What may be considered a minor defect may depend on the type of defect and injuries.¹¹

The types of dangerous conditions a property owner is responsible for depend on the type of property.

One example would be a grocery store with spilled food or liquid on the floor. This creates an unreasonable slip and fall hazard. A grocery store is responsible for discovering the spilled food and warning customers about the spill or cleaning up the spill.

What type of notice or warning does a property owner need to have?

When a property owner cannot fix the dangerous condition, a reasonable property owner would generally put up a notice or warning of the hazard. This puts you on notice that a potentially dangerous condition exists so you can avoid it or take the necessary precautions.

The type of warning or notice required depends on the

• dangerous condition and
• types of people who may be injured.

A warning should be able to give you fair warning of the location of the dangerous condition and type of danger. The notice should also be visible or obvious enough that you would be aware of the danger before getting into a situation where you could be harmed.

Example: Brad slips on a wet floor in an office bathroom caused by a broken pipe. The only warning sign for a wet floor was outside in front of the building. The property owner may be liable because that sign arguably did not give visitors proper notice that the wet floor was in the bathroom.

5. What kind of award for damages is available in a premises liability lawsuit?

In a premises liability lawsuit, you can seek damages for your financial and non-economic losses caused by the accident. Economic damages may include:

• Medical bills,
• Future medical treatment,
• Lost wages,
• Lost earning capacity, and
• Property damage.

Noneconomic damages compensate you for losses that do not have a set dollar value. This includes damages for:

• Scarring,
• Disfigurement,
• Loss of a limb, and
• Pain and suffering.

In some cases, you may be entitled to punitive damages in a California personal injury lawsuit. However, punitive damages are rare in these types of cases and may require showing:

• The defendant’s recklessness resulted in catastrophic injuries or wrongful death,
• The defendant intentionally destroyed evidence of liability, or
• The defendant intentionally caused the accident or injury.

If the victim is killed in a premises liability accident, the surviving family members may have a claim for damages against the property owner. Wrongful death damages can include (but are not limited to):

• Burial expenses,
• Funeral costs,
• Support the deceased would have earned as income, and
• Compensation for the loss of support and companionship. ^{CACI 3921}

6. Do property owners owe a duty of care to trespassers?

In California, the duty a property owner has to a trespasser may depend on the situation and the cause of the injury. In some states, the duty owed depends on what status the individual has while on the property. However, California no longer categorizes duty based on the following status:

• Invitee,
• Licensee, or
• Trespasser.¹¹

Instead, the jury would consider all relevant factors to decide whether the property owner fails to use reasonable care to keep the property in a reasonably safe condition. This includes:

• The location of the property;
• The likelihood that a trespasser would come onto the property;
• The likelihood and seriousness of an injury.¹²

Example: Austin’s neighbor trespasses onto his property to steal from a shed Austin is working on. The neighbor gets injured when an unfinished shed wall falls on him. Austin may not be liable to Bert because Austin did not have any reason to believe that a trespasser would come onto the property.

Compare that example to the following:

Example: Austin is building a treehouse. Several times neighborhood kids trespass to use the treehouse, and Austin runs them off. When Austin is at work, a child trespasses and falls from the unfinished treehouse floor.

In this case, a jury may find that Austin was liable because he was aware that people were trespassing on his property. A reasonable homeowner may have blocked off access to the treehouse until construction was complete.

7. Does homeowner’s insurance pay for accidents on the homeowner’s property?

Homeowner’s insurance policies may cover many types of bodily injuries that occur on the homeowner’s property. However, just because a homeowner has insurance does not mean the insurance company will pay all or any of the claim.

Homeowners should review their policies to understand what is covered and what is not covered. Insurance policies often have a number of exclusions for what types of accidents or injuries are not included. Examples of homeowner’s insurance exclusions may include:

• Dog bite injuries for certain dog breeds;
• Intentional injuries;
• Damages from neglect;
• Injuries caused by poor workmanship;
• Injuries caused by defective maintenance or repair; or
• Trampoline injuries.

Insurance policies may also require the policyholder to take steps to mitigate damages and notify the insurance company of the accident or injury within a certain period of time.

Even if the insurance policy does provide coverage for the injury, the limits may not be enough to cover the full damage.

For example, a homeowner’s policy may have $100,000 in personal liability insurance. If you suffer a permanent injury, your damages for lifetime medical care and loss of income could be in the millions of dollars. The homeowner may be personally liable for damages in excess of the liability coverage.

Insurance companies generally have a duty to defend and indemnify policyholders. However, the insurer might try to

• avoid paying damages in bad faith or
• claim the type of injury does not fall within the policy.

The insured may have to file a lawsuit against the insurance company for damages to cover any payments to you and costs of defending the lawsuit against the other party.¹³

Example: At a water park, Tommy runs to a slide, falls on some torn flooring, and hurts his head. Under premises liability, the park may be liable for the torn flooring, but Tommy may be partially responsible for running since there were clear signs warning against running. Tommy’s damages may be reduced by his own portion of fault.

8. Who is responsible for injuries on public property or in government buildings?

The state, city, county, or federal government may be liable for injuries that occur on government property. When the government owns or controls the property, the government may be liable for damages that are caused by a dangerous condition on the property.

However, premises liability claims against public entities have a different standard.

Public entities may also have a different statute of limitations or timeline to file a claim. Public entities may have a notice requirement before a government agency or employee can be sued for a personal injury accident.

Some personal injury claims against a government agency must be commenced within 6 months of the injury in California.¹⁴ Talk to your attorney as soon as possible about your claim to make sure the claim is filed in time or you may risk having your claim denied.

In order to prove the public entity was liable for a dangerous condition on the property, you have to show:

1. The property was in a dangerous condition at the time of the injury;
2. The injury was proximately caused by the dangerous condition;
3. The dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred; and either:
   1. A negligent or wrongful act or omission of an employee of the public entity within the scope of their employment created the dangerous condition; or
   2. The public entity had actual or constructive notice of the dangerous condition and sufficient time to have taken measures to protect against the dangerous condition.¹⁵

The government agency may be liable through

• employee negligence or
• notice of the dangerous condition.¹⁶

Notice of the dangerous condition can be established by showing the dangerous condition

• existed for a period of time and
• was of an obvious nature that the public entity should have discovered the condition and its dangerous character.

This includes consideration of:

• Whether the condition would have been discovered by a reasonably adequate inspection system; and
• Whether the public entity had such an inspection system and did not discover the condition.¹⁷

Example: Parks Department employee Errol finds a loose board on a bench and runs to his truck to get a sign to warn people about sitting on the broken bench. However, as soon as Errol leaves, Candice sits on the bench, falls, and breaks her wrist.

Here, the public entity may not have had sufficient time to take measures to protect against the dangerous condition. Whether Errol was negligent may be a question for the jury to decide.

Contact us for help…

For questions about how you file a claim for damages caused by dangerous property conditions or to discuss your premises liability case confidentially with one of our skilled personal injury attorneys, do not hesitate to contact us at Shouse Law Group. Our California personal injury lawyers offer consultations and legal advice.

For injuries that occur in Nevada or Colorado, please see our pages on premises liability laws in Nevada and premises liability laws in Colorado.

Our premises liability lawyers have local law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

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