Serving clients throughout the state of California
Slip and Fall Accidents and Other Premises Liability Cases We Handle
If you were injured on someone else’s property, you may deal with unexpected medical bills and missed work, all while trying to understand what happened and what to do next after suffering painful injuries. We understand that this is a complex and difficult process; it’s not meant to be figured out alone.
That is why our skilled California premises liability lawyers are here to assess your case and help you determine the next best step.
Contact us for a free, confidential case evaluation. Call our team at 855-906-3699 or complete our online form now.
Key Takeaways
- Premises liability accidents occur when a property owner or property manager are negligent about maintaining safe conditions of their property, leading to accidents for visitors
- Common premises liability accidents in California include slip and fall accidents, dog bites, water leaks and spills, broken stairs or walkways, and injuries from lack of security
- A premises liability claim can help injured plaintiffs recover compensation for their injuries
- California premises liability lawyers from BD&J can represent you in a legal claim
What Is Premises Liability and Do You Have a Case?
Under California premises liability law (California CIV § 1714) people are required to use reasonable care to avoid harming others, including property owners and their legal duty of care. In plain English, property owners and occupiers are responsible for maintaining their premises and ensuring it is safe for people who are legally on the property, depending on the visitor’s status.
California premises liability law often considers whether you were an invitee (such as a customer or guest invited for the owner’s benefit), a licensee (such as a social guest), or a trespasser (someone there without permission). While trespassers may have more limited protections, children can be an exception under the “attractive nuisance” concept when a dangerous condition, such as a swimming pool, draws them onto the property.
We can handle premises liability cases involving:
- Slips and falls
- Poor maintenance/lack of maintenance
- Uneven, raised, or damaged sidewalks
- Dog bites
- Water leaks/flooding
- Swimming pool accidents
- Lack of security
- Elevator or escalator defects
- Improper lighting
- Damaged walkways, handrails, or stairs
- Fallen objects
- Unsecured construction sites
- Other property issues
If you were involved in an accident caused by any of the hazards listed above and have suffered an injury, it is crucial that you act quickly to protect your legal rights. You may need to hold the property owner liable for the damages you suffered, from medical expenses to lost wages to pain and suffering.
Do I Have a Case if I Fell on a Public Sidewalk?
Many people don’t know that accidents on a sidewalk, such as falling over a raised piece of concrete or being injured due to potholes, can be the responsibility of the city or nearest property owner. Sidewalk accidents do fall under the scope of premises liability, and an attorney can help you get started on a claim.
Injured on a public sidewalk and don’t know who’s liable? BD&J is here to help, call now.
Common Premises Liability Accident Locations
Premises liability accidents can happen on various private and public properties. These locations may be:
- Private homes
- Apartment complexes
- Grocery stories
- Malls
- Sidewalks
- Construction sites
- Restaurants and bars
- Parks and other recreational locations
- Hotels or other third-party accommodations
- Nightclubs and event venues
How to Protect Yourself After Being Injured on Someone Else’s Property
Whether at a neighbor’s house, grocery store, or other public or private property, an accident can happen at any time. After being injured, you can take these steps to protect yourself and your legal rights:
- Get medical care right away. – Your health comes first, and prompt treatment also helps document your injuries.
- Take photos and videos. – Photograph the hazard, the surrounding area, lighting, warning signs (or lack of them), and your injuries.
- Ask for an incident report. – If the injury happened at a business, apartment complex, or public place, request that a report be made and ask how to obtain a copy.
- Collect witness details. – Get names and contact information for anyone who saw what happened or who can describe the conditions before and after the incident.
- Preserve evidence. – Keep the shoes and clothing you were wearing, save receipts and medical paperwork, and write down what you remember as soon as you can.
- Contact BD&J before speaking with insurers. – Before you give a recorded statement or sign anything, speak with BD&J, so you can protect your rights and avoid common pitfalls.
Keep in mind that insurance adjusters do not represent you, and evidence like surveillance footage and incident documentation can disappear quickly if you don’t act fast.
With more than $3 billion* in recoveries for clients, our California premises liability attorneys know how to resolve these legal matters effectively and strategically for clients. We are compassionate, aggressive, and dedicated advocates for the injured. Whether you were hurt at a friend’s residence or injured on a commercial property, we have the resources and skills to handle your case.
The Numbers on California Premises Liability Accidents
Premises liability can cover a variety of incidents, and California sees a high number of accidents throughout its cities annually. Accident and injury data highlights from both California and the nation include:
- Children under 10 is the age group that most frequently visits California emergency rooms for dog bite injuries (CDPH)
- 1 in every 100,000 Californians dies from downing annually (California Water Safety Coalition)
- One nationwide study showed that the number of pedestrian critical injuries from sidewalk trips was 2 times higher than pedestrian injuries from motor vehicle accidents (PubMed)
- Nationwide, there were over 48,300 deaths caused from falls in 2024 (NSC)
Seek justice after a premises liability accident with the BD&J law firm by calling 1-855-906-3699 today.
How Serious Are Injuries from These Accidents?
Injuries involving falls, being struck by fallen objects, and other premises liability incidents can lead to severe injuries. These injuries may be:
Catastrophic Injuries
Amputations, brain injuries, spine injuries, and burn injuries are known as catastrophic injuries that are serious enough to alter a person’s physical abilities and their quality of life. These injuries can result from serious premises liability accidents, including dog bite attacks, assaults due to lack of or negligent security, swimming pool accidents, and elevator or escalator accidents.
Broken Bones
Falls in particular can lead to severe broken bone or fracture injuries. Pain, possible nerve damage, and even a heightened risk of infection depending on the type of bone break can be some of the complications of these injuries.
Spine Injuries
Spine injuries can result in grave consequences, including temporary or permanent paralysis, nerve damage, sensory problems, pain, and overall weakness. Falls, swimming pool accidents, and assaults due to negligent security can often lead to this type of injury.
Who Can Be Held Liable in a California Premises Liability Case?
Premises liability lawsuits can be complex, and liability is determined on a case-by-case basis. Some examples of who might be held responsible in a premises liability case include:
- The property owner
- A tenant
- A property management company
- A third party (e.g., a contractor who was conducting repairs)
- The parent company (e.g., if the premises were a chain store/hotel)
- An employee of one of the above
A premises liability attorney can help identify the chain of responsibility. In many cases, property owners have a non-delegable duty to keep premises reasonably safe, meaning they may still be responsible even if maintenance or repairs were assigned to someone else. A key issue is often whether the responsible party knew or should have known about the hazard; this can include constructive notice, where a dangerous condition existed long enough that it should have been discovered and fixed.
Even if you were partially at fault for an accident, California uses comparative negligence (pure comparative negligence), which can reduce damages by your percentage of fault rather than automatically barring your claim.
What if the Property Owner Didn’t Know About the Safety Hazard on Their Property?
A property owner or property manager cannot be excused from liability by claiming they didn’t know that there were unsafe conditions on their property. Constructive notice is a legal concept in California that determines that property owners should have known about a hazard present on their property for a significant amount of time because it was available or discoverable through their own diligence.
A property owner is expected to exercise reasonable care in maintaining their property, including regular inspections of the conditions. So just because a property owner is not told about a certain hazard on their property, this doesn’t mean they should not be inspecting the conditions of their property of their own accord.
Can I File a Premises Liability Claim on Behalf of My Child?
Definitely. Minors under 18 cannot present an injury claim on their own.
A parent, legal guardian, or court-appointed guardian ad-litem would be responsible for presenting a claim on behalf of a child and negotiating in their best interests.
How We Prove Negligence in a California Premises Liability Case
Proving negligence is a major part of any premises liability case. Negligence has four key elements:
- The person had a duty of care. For example, a bed and breakfast owner has a duty of care to their guests, and a personal trainer has a duty of care to their clients, including using reasonable care to keep the property in a safe condition.
- The person breached that duty of care. In other words, the person ignored a problem they knew about, such as not fixing a piece of broken equipment or repairing a broken handrail, or took an action that deviated from best practices, such as leaving a child they were responsible for unattended.
- This behavior caused the injury. As a result of the breach of duty of care, a person suffered an injury.
- This injury resulted in damages. Damages can include medical bills or loss of earnings.
BD&J can help you prove negligence and ensure you’re filing a claim against the appropriate party.
Part of proving negligence may involve showing the defendant had actual notice or that they knew or should have known about the condition. Constructive notice can apply when a hazard existed long enough that reasonable inspections and maintenance would have revealed it.
When Should I Speak with an Attorney?
As soon as you’re ready to file a legal claim. Premises liability cases, like all other personal injury claims, have a deadline to file known as a statute of limitations.
So, you’ll want to speak with a California premises liability attorney as soon as you’re medically cleared to get started on fighting for compensation. Some signs it may be time to speak with an attorney could be:
- You’re dealing with serious and life-altering injuries
- Your injuries will require long-term medical care
- The property owner or manager is denying responsibility for the property’s conditions
- You are being pressured by insurance companies to accept an offer
- An insurance company denies or lowballs your claim
- You don’t know what the value of your case is
BD&J premises liability attorneys in California will fight beside you for your right to compensation after an accident.
Negligent Security Claims in California
One common issue that individuals ponder is whether or not an incident resulting from building security or lack thereof may be considered premises liability. For example, say an apartment landlord failed to install proper security lighting, hire a security guard, or install security cameras after several reported break-ins, or take other measures to prevent safety hazards. If the owner failed to take standard security steps, whatever those may involve, and a break-in, mugging, or assault occurred, they could be held liable for any resulting damages.
Negligent security claims commonly arise in places like apartment complexes, hotels, parking lots, shopping centers, nightclubs, campuses, and event venues.
Filing a Premises Liability Claim Against a Government Entity in California
If you’ve been injured on government property, you can file a claim against the municipal, state, or federal body that manages the property. Under the California Government Claims Act, you generally must first file a claim with the responsible government agency before you can file a lawsuit.
A 6-month statute of limitations exists for these claims, which is far shorter than the 2-year limitation on claims relating to private property, and missing the six-month deadline can bar the claim. Common examples of government property include sidewalks and roads, public parks, public schools and campuses, government buildings, and other public facilities.
Private-Property Claim
- Deadline: Typically, 2 years
- First filing step: Typically, an insurance claim and/or lawsuit
- Examples: Stores, restaurants, apartments, private homes
Government-Entity Claim (California Government Claims Act)
- Deadline: Typically, 6 months to file a government claim
- First filing step: File a claim with the responsible agency first
- Examples: Sidewalks/roads, parks, public schools, government buildings
What Damages Can You Recover in a California Premises Liability Case?
If you’re asking, “What damages can I receive in a premises liability claim?” the answer depends on how you were hurt and how the injury has impacted your life.
Economic damages
*Medical expenses *Lost wages *diminished earning capacity
Non-economic damages
*Pain and suffering *emotional distress *Disability *Loss of consortium
Should I Accept the First Settlement Offer Made to Me?
Accepting an insurance company’s first settlement offer is never recommended. This is because insurance companies will often send initial lowball offers that undervalue a case, don’t take into consideration MMI, and leave room for further negotiation.
Once a settlement offer is accepted, no further claims or negotiations can be made. Working with an attorney ensures the full value of your case, including future expenses, is considered when determining what a fair settlement offer is.
Learn more about what a fair settlement for your case looks like by calling BD&J today!
What is Maximum Medical Improvement (MMI)?
Maximum Medical Improvement (MMI) is a crucial stage for any personal injury claim. This means that your injuries have peaked in terms of improvement, and that no further treatment can improve them.
Reaching MMI can also allow a medical provider to determine the lifelong prognosis of your injuries, as well as future care like medications, rehabilitation, and so on. This stage is also where you are assigned a disability rating, which can again determine your lifelong care needs and working abilities to generate income.
BD&J is a Top California Law Firm Fighting for Premises Liability Victims
If you or a loved one has been injured in an accident, BD&J is the California law firm you can trust to represent your premises liability case. We’ve been dedicated to our clients’ best interests since our establishment in 2007, and we’re not afraid to go against large insurance companies to make sure you get the compensation you deserve.
Our attorneys will be with you through every step of the legal process, including:
- Filing
- Evidence collection
- Discovery
- Negotiations
- Advocacy through mediation
- Using specialized attorney resources, like accident reconstruction software and expert witness testimony
Do I Have to Pay Upfront to Work with BD&J?
Not at all. We work on a contingency fee basis, which means all case costs are advanced to you to get your case moving. Final attorney fees are deducted from the compensation amount after your case is settled. This means no upfront fees on your end, and no fees until we win your case*.
Complete our online form now to learn more about working with BD&J.
Frequently Asked Questions
How Long Do I Have to File a Premises Liability Claim in California?
In many cases, you generally have 2 years to file a personal injury lawsuit. If the injury happened on government property, you may have as little as 6 months to file a claim under the California Government Claims Act before you can pursue a lawsuit.
Can I Still Bring a Premises Liability Claim if I’m a Renter?
Absolutely, if you’re a tenant at an apartment or home, your landlord and property manager by law have the duty to take reasonable care of living units and keep them livable before and during your tenancy.
Failure to do so makes them liable for any accidents caused by property damage or hazards that weren’t caused by you or your household.
What if I Was Partially at Fault for My Injury?
California follows pure comparative negligence rules. That means you may still be able to recover damages even if you were partially at fault, but your compensation can be reduced by your percentage of fault.
Can I Use AI for Advice for My Premises Liability Case?
Many people seek to use artificial intelligence (AI) to figure out whether they have a personal injury case, how to navigate the legal process, and other details on this case. However, it is not recommended to use AI for various reasons in a legal case, especially for the inaccuracy of some AI data and the lack of legal protections that comes with using this software.
How Long Will My Premises Liability Case Take to Resolve?
Talking with an attorney will give you a better idea of the timeline for your claim. Some cases can take months, while more complex cases can take up to a year or more.
Does California Cap Premises Liability Damages?
Premises liability claims generally do not have a one-size-fits-all cap on damages. The amount recoverable depends on the facts of your case and the damages you can prove.
call or connect with us online to learn if you have a case.
Can I File a Claim if I Was Hurt on Government Property?
Yes, but special rules can apply. Under the California Government Claims Act, you typically must file a claim with the responsible agency first, and the deadline is often much shorter (commonly 6 months). If you miss the deadline, you may lose the right to pursue compensation.
What Kind of Accidents Could Be the Responsibility of a State Government Agency?
Some of the premises liability accidents that could be the responsibility of a state or local government agency include tripping on a public sidewalk, accidents that happen in construction or excavation sites for government buildings, or injuries occurring at a city playground due to known hazards.
Will I Have to Go to Trial for My Case?
Typically not. About 95% of personal injury cases end in a pre-trial settlement.
Are BD&J Attorneys Bilingual?
Yes! Besides English, our attorneys are fluent in Spanish, French, Farsi, Hebrew, Armenian, Russian, and Arabic.
When Can I Schedule My Consultation with the BD&J Law Firm?
Whenever you’re ready to start the legal process, preferably as soon as possible while evidence is still available, witnesses can be reached, and your memory of the accident is still fresh.
You’ve suffered an accident, now let BD&J attorneys take care of you. Our team is available 24/7, call us now to book your FREE case review consultation.
Get a Free Case Review From BD&J’s California Premises Liability Lawyers
If you or a loved one has been affected by a premises liability-related accident, the team at BD&J is ready to review your case. Our California premises liability attorneys have years of collective experience and know how to thoroughly handle these types of claims. Contact us for a free, confidential case evaluation. There’s no fee until your case resolves, and we’re available 24/7. Backed by more than $3 billion* in recoveries, BD&J is ready to help.
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