Below is a basic breakdown of premises liability law in California. These details are for informational purposes only. Sometimes, exceptions apply. Please rely on your attorney to determine whether an exception applies to your case. Only by consulting an experienced premises liability lawyer can you be sure your rights are fully protected.
Duty of Care
Under California law, the person, business, or government agency that owns or controls property has a duty to maintain the premises in a reasonably safe condition. If a person is injured on the property due to hazardous conditions, the owner will be responsible if they:
- Created the dangerous condition (for example, by incorrectly installing a hand railing),
- Knew about the dangerous condition and failed to fix it or warn about it (for example, by knowingly leaving a puddle of water on the floor and failing to dry it), or
- Should have known about the dangerous condition (the condition existed but the employer never inspected the premises to find it) and failed to fix it or warn about it.
When the owner of the property owner fails to maintain safe conditions and it results in injuries, the person harmed may file a claim.
Inspecting for Hazards
Property owners must regularly inspect the premises for dangerous conditions. Some common areas that property owners must inspect include:
- Walkways
- Railings
- Lighting
- Areas that need debris, or other foreign material removed
- Stairs
When they identify a hazard, they must either repair the issue or warn visitors about it. Even if there has not been an earlier similar accident, a property owner may be held liable for injuries resulting from those dangerous conditions.
Warning of Hazards
Keeping premises safe often means repairing or removing hazards. If there are dangers on premises that have yet to be removed, property owners have a duty to adequately warn those on the premises of those dangers. Failure to abide by this rule is acting negligently.
Preventing Criminal Activity
Property owners must take necessary measures to keep visitors safe from foreseeable criminal activity. Whether by providing security personnel, increasing security lights and equipment or taking other action, they must reduce the risk of criminal activity that might cause injury or death.
Getting Help
If you were injured because of a danger on someone’s property, CaseyGerry can help. We welcome you to call the firm at 619-238-1811. An experienced attorney will discuss your situation, the next steps, and what you can expect.
California law limits the time you have to file a claim. It’s important to act quickly to avoid being barred from recovering for your medical bills, lost wages, pain and suffering, and more.
