Hurt at a Business? California Premises Liability Lawyers

What Is Premises Liability in California?

Premises liability holds property owners and occupiers responsible when they fail to use ordinary care to keep their property reasonably safe for lawful visitors. In California, this general duty of care is grounded in statute and case law, including Cal. Civ. Code § 1714(a) and the California Supreme Court’s decision in Rowland v. Christian.

Businesses must take reasonable steps to inspect areas open to customers and to repair, replace, or warn of hazards they know about—or should discover through reasonable inspections.

Examples of Business Hazards

• Slip-and-fall on spilled liquids
• Trip hazards from uneven flooring, cords, or merchandise
• Poor lighting
• Broken stairs or handrails
• Inadequate cleanup or inspection practices
• Falling merchandise
• Unsafe conditions in parking lots or walkways
• Negligent security leading to foreseeable third-party criminal acts
• Exposure to unsafe conditions such as leaks, mold, or certain code violations

What You Must Prove

To recover in a California premises liability case, an injured person generally must show:

• The business owed a duty of care;
• The business breached that duty by failing to use reasonable care to keep the property safe;
• The breach was a substantial factor in causing the injury; and
• The injury caused damages.

California law recognizes that businesses have a continuing duty to make reasonable inspections of areas open to the public and to fix or warn of dangers revealed by those inspections.

Notice: Actual or Constructive

Liability often turns on notice of the dangerous condition. Actual notice means the business knew about the hazard. Constructive notice means the condition existed long enough, or was sufficiently obvious, that it should have been discovered through reasonable inspections. See Ortega v. Kmart Corp., 26 Cal.4th 1200 (2001). Evidence about written inspection policies, sweep logs, and whether employees followed them can be critical.

Comparative Fault

California uses pure comparative negligence. If you were partly at fault (for example, by not observing an obvious spill), your recovery may be reduced by your percentage of responsibility, but you may still recover the portion attributable to the business’s negligence. See Li v. Yellow Cab Co., 13 Cal.3d 804 (1975).

Common Defenses Businesses Raise

• Lack of notice (actual or constructive)
• The condition was open and obvious
• Reasonable inspection procedures were in place and followed
• The hazard was created moments before the incident
• The plaintiff was distracted or wearing unsafe footwear
• The incident was caused by an unrelated third party or unforeseeable criminal act

Note: In California, an open and obvious condition can reduce or eliminate a duty to warn, but it does not automatically bar recovery if the harm was still foreseeable and the business could have taken reasonable steps to reduce the risk. See Kinsman v. Unocal Corp., 37 Cal.4th 659 (2005).

Evidence to Preserve After an Injury

• Photos and video of the scene, hazard, and lighting
• Your shoes and clothing
• Incident reports
• Names and contact information for witnesses and employees
• Receipts or timestamps showing you were there
• Medical records and bills
• Any communications from the business or its insurer

Request in writing that the business preserve relevant surveillance video as soon as possible.

Medical Care and Documenting Damages

Seek prompt medical evaluation and follow treatment recommendations. Keep records of bills, out-of-pocket expenses, time missed from work, and how the injury affects daily life. Damages in premises cases may include medical expenses, lost income, diminished earning capacity, and pain and suffering.

Statutes of Limitations and Special Claim Rules

Deadlines are strict and fact-specific:

• Most California personal injury lawsuits must be filed within two years of the injury. See Code Civ. Proc. § 335.1.
• Claims against California public entities generally require a written claim within six months of the injury. See Gov’t Code § 911.2. If the claim is rejected, you often have six months from the rejection notice to file suit. See Gov’t Code § 945.6.

Other exceptions and shorter or longer deadlines may apply (for example, for minors or latent injuries). Speak with a California attorney promptly to protect your rights.

How a California Premises Liability Lawyer Can Help

An attorney can investigate the hazard, secure surveillance and maintenance records, work with safety experts, handle insurer communications, calculate damages, and pursue a fair settlement—or take your case to trial if appropriate.

Free Consultation

If you were hurt at a business in California, our premises liability team can review your situation, identify the strongest legal theories, and help you pursue compensation. Contact us for a free, confidential consultation.

Key legal sources

• Cal. Civ. Code § 1714(a)
• Rowland v. Christian, 69 Cal.2d 108 (1968)
• Ortega v. Kmart Corp., 26 Cal.4th 1200 (2001)
• Li v. Yellow Cab Co., 13 Cal.3d 804 (1975)
• Kinsman v. Unocal Corp., 37 Cal.4th 659 (2005)
• Code Civ. Proc. § 335.1
• Gov’t Code § 911.2
• Gov’t Code § 945.6

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines vary by situation and may change. If your claim involves a California public entity, special Government Claims Act notice rules and short timelines may apply. Consult a California attorney about your specific facts.