California Premises Liability Attorney

Premises liability refers to the area of personal injury law that holds property owners and others in control of real estate legally responsible when unsafe conditions on that property cause someone harm. 

Under California law, anyone who owns, leases, occupies, or otherwise controls a property must use reasonable care to keep it in a safe condition and to address or warn about hazards that could injure visitors. If a dangerous condition exists that the owner knew about — or should have known about through reasonable inspection — and fails to fix it or provide adequate warnings, the owner can be held negligent and legally liable for resulting injuries. 

A valid premises liability claim typically requires showing that the property controller owed a duty to the injured person, breached that duty by allowing a hazardous condition to remain, the breach directly caused the injury, and actual harm or damages resulted. 

California’s standard of care is based on Civil Code § 1714, which imposes a duty of ordinary care on property owners, and claims must generally be filed within the state’s statute of limitations.

Are Premises Liability and Slip and Fall the Same Thing?

Premises liability and slip-and-fall claims are related, but they are not the same. 

Premises liability is the broader legal category covering injuries caused by unsafe property conditions, such as poor lighting, broken walkways, inadequate security, falling objects, or hazards a property owner failed to repair or warn about.

A slip and fall is one specific type of premises liability claim involving injuries caused by slipping, tripping, or losing footing on a hazardous surface. In other words, all slip-and-fall cases fall under premises liability, but not every premises liability case is a slip-and-fall. 

If you suffered injuries because of unsafe property conditions, a slip and fall attorney in California can explain which claim applies and help you pursue compensation.

Other Examples of Premises Liability

Premises liability extends far beyond slipping hazards. Dangerous property conditions can expose visitors, tenants, or customers to preventable harm in many different ways. In these cases, the injured person may seek compensation when the owner failed to maintain safe conditions, correct hazards, or provide proper warnings.

Other examples of premises liability incidents include:

• Inadequate security, such as insufficient lighting, broken locks, or lack of surveillance in areas with known crime risks, leading to assaults or robberies.
• Failure to maintain structures, including uneven walkways, damaged stairs, or loose handrails that result in falls.
• Dog attacks, where an owner fails to secure a dangerous animal; victims can consult a Los Angeles dog bite attorney to pursue damages.
• Exposure to hazardous chemicals or contaminants, including mold, asbestos, or lead-based paint causing illness.
• Swimming pool dangers, such as missing barriers, lack of supervision, or unclear warning signs leading to drownings or serious injury.

Who Am I Suing in a Premises Liability Claim?

Who you sue in a premises liability claim depends on who owned, controlled, or maintained the property where the injury occurred. Multiple parties can share legal responsibility for unsafe conditions. Potential defendants may include:

• the property owner (residential, commercial, or public)
• a tenant or lessee who controlled the space
• a property management company responsible for maintenance or security
• a parent company or franchise holding operational control
• contractors, maintenance crews, or janitorial companies working onsite
• security or third-party vendors with a duty to keep the premises safe
• employees or supervisors acting within the scope of their employment

More than one defendant can be sued when multiple parties contributed to the dangerous condition. Liability depends on who breached their duty of care and whether that negligence caused the injury.

How to Win a Premises Liability Case: The 5 Elements of Negligence

To succeed in a premises liability claim in California in 2025, the injured party must establish each required negligence element. The law does not impose automatic liability simply because an accident occurred on someone else’s property. To build a valid negligence claim, the injured person must prove every element:

1. Duty of Care: The defendant had a legal obligation to maintain reasonably safe conditions for visitors, customers, tenants, or guests under California Civil Code and case law governing premises liability.
   
   
2. Breach of Duty: The defendant failed to meet that obligation by not repairing hazards, warning visitors, performing inspections, or exercising reasonable care to prevent foreseeable injuries.
   
   
3. Dangerous Condition and Notice: The unsafe property condition existed, and the defendant knew or should reasonably have known about it through actual or constructive notice. Hazards can include wet flooring, cracked pavement, broken handrails, inadequate lighting, or accumulated debris.
   
   
4. Causation: The hazardous condition was a substantial factor leading to the injury. There must be a direct link between the breach and the harm suffered.
   
   
5. Compensable Damages: The injured person sustained measurable losses due to the accident, such as medical treatment costs, income loss, rehabilitation expenses, future medical needs, or compensation for pain and suffering.

California premises liability law requires proving all five elements of negligence. Working with an experienced premises liability attorney can greatly strengthen your claim, guide you through each legal requirement, and help you pursue the full compensation the law allows.