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 be dealing with unexpected medical bills and missed work, all while trying to understand what happened and what to do next. We understand that this is a complex and difficult process. 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.
How to Protect Yourself After Being Injured on Someone Else’s Property
- Get medical care right away. Your health comes first, and prompt treatment also helps document your injuries.
- Take photos and video. 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.
What Is Premises Liability and Do You Have a Case?
Under California premises liability law, California Civil Code section 1714 generally requires people to use reasonable care to avoid harming others, including property owners and their responsibility for the property owners’ 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
- Dangerous or defective conditions
- Dog bites
- Water leaks/flooding
- Swimming pool accidents
- Other property issues
- Lack of security
- Improper lighting
- Damaged walkways or handrails
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.
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, California uses comparative negligence (pure comparative negligence), which can reduce damages by your percentage of fault rather than automatically barring your claim.
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 residents, 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 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
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 | Government-Entity Claim (California Government Claims Act) | |
| Deadline | Typically 2 years | Typically 6 months to file a government claim |
| First filing step | Typically an insurance claim and/or lawsuit | File a claim with the responsible agency first |
| Examples | Stores, restaurants, apartments, private homes | 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 | Non-economic damages |
| * Medical expenses * Lost wages * diminished earning capacity | * Pain and suffering * emotional distress * Disability * Loss of consortium |
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.
Frequently Asked Questions About California Premises Liability Claims
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.
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.
Does the property owner have to know about the hazard for me to have a case?
Not always. A key question is often whether the property owner or responsible party knew or should have known about the dangerous condition. This may include constructive notice, such as when a hazard existed long enough that reasonable inspections and maintenance should have discovered and corrected it.
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.
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.
