Premises Liability in California: When Property Owners Are Responsible

Property owners in California have a legal duty to maintain safe conditions for visitors. When they fail to do so and someone is injured, they may be held liable through a premises liability claim.

What Is Premises Liability?

Premises liability holds property owners responsible for injuries that occur due to unsafe conditions on their property. This includes:

• Commercial properties (stores, restaurants, offices)
• Residential properties
• Government properties (parks, sidewalks)
• Private property where you're an invited guest

Common Premises Liability Accidents

Slip and Fall Accidents

Caused by:

• Wet or slippery floors without warning signs
• Uneven flooring or carpeting
• Poor lighting
• Cluttered walkways
• Ice or snow (less common in Temecula)

Trip and Fall Accidents

Caused by:

• Broken or uneven pavement
• Potholes
• Damaged stairs or handrails
• Exposed electrical cords
• Sudden changes in floor elevation

Inadequate Security

Property owners may be liable for injuries from:

• Assaults in poorly lit parking lots
• Lack of security in high-crime areas
• Broken locks or gates
• Failure to address known criminal activity

Swimming Pool Accidents

Especially important in Temecula where pools are common:

• Lack of fencing or barriers
• Broken pool equipment
• Slippery pool decks
• Inadequate supervision areas

Other Hazards

• Falling objects in stores
• Defective elevators or escalators
• Toxic chemicals or mold
• Dog bites on property
• Fires due to code violations

Proving Premises Liability in California

To win your case, you must prove:

1. Duty of Care

The property owner owed you a duty of care. Your status matters:

• Invitees (business customers, social guests): highest duty
• Licensees (social visitors): moderate duty
• Trespassers: limited duty (except children in some cases)

2. Breach of Duty

The owner failed to:

• Maintain the property reasonably
• Inspect for dangers
• Repair known hazards
• Warn of dangers

3. Causation

The unsafe condition directly caused your injury.

4. Damages

You suffered actual damages (medical bills, lost wages, pain and suffering).

What Property Owners Should Do

California law requires property owners to:

• Regularly inspect the property
• Fix hazards promptly
• Warn visitors of any dangers
• Use reasonable care to maintain safe conditions

Common Defenses Property Owners Use

Property owners and their insurance companies often claim:

• The hazard was "open and obvious"
• You were trespassing or somewhere you shouldn't be
• You were distracted and not paying attention
• The condition existed for too short a time to discover
• You contributed to your own injury

What to Do If You're Injured on Someone's Property

Immediately After the Accident:

1. Seek medical attention
2. Report the incident to the property owner or manager
3. Ask for an incident report
4. Take photos of the hazard and area
5. Get contact information from witnesses
6. Keep all evidence (shoes, clothing)

In the Following Days:

1. Document your injuries with photos
2. Keep all medical records and bills
3. Don't give statements to insurance companies
4. Don't post about the accident on social media
5. Contact an experienced premises liability attorney

Time Limits for Filing a Claim

California has a 2-year statute of limitations for premises liability cases. However, claims against government entities must be filed within 6 months.

Why You Need an Experienced Attorney

Premises liability cases require:

• Proving the property owner knew or should have known about the hazard
• Gathering evidence before it disappears
• Obtaining surveillance footage quickly
• Expert testimony about building codes and safety standards
• Fighting insurance company tactics

The Baum Law Firm has successfully handled premises liability cases throughout Temecula and Riverside County for decades.

Contact us at (951) 200-4265 for a free case evaluation.