Premises liability attorneys · Serving all of California
California Premises Liability & Slip and Fall Lawyer
Hurt in a fall at a store, an apartment or on a public sidewalk? Property owners in California must keep their property reasonably safe. We explain what you need to prove, deal with the insurer and offer a free case review.
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Key Takeaways
- California makes everyone responsible for injuries caused by a lack of ordinary care in managing their property.
- In most slip and fall cases, you must show the owner knew about the hazard, or should have found it, in time to fix it or warn you.
- California uses comparative fault. If you were partly careless, your award is reduced by your share and is still paid.
- Landlords must keep floors, stairways and railings in good repair.
- You usually have two years to sue, but only six months to file a claim for a fall on public property.
- We handle premises liability cases in all 58 California counties, from our San Diego office.
What premises liability means in California
Premises liability is the law that holds property owners and occupiers responsible for injuries caused by unsafe conditions they should have fixed or warned about. California's general rule makes everyone responsible for injuries caused by their want of ordinary care in the management of their property Civ. Code 1714(a).
The duty applies to homes, stores, restaurants, hotels, apartment complexes, parking lots, factories and offices. It applies to people who control a property as well as people who own it, so a tenant business or a management company can also be responsible.
Premises liability is a negligence claim, which is a type of tort. The legal test is reasonableness. An owner must act as a reasonable person would to find and fix hazards, or to warn visitors about them.
Slip and fall claims: how a slip and fall lawyer proves notice
A slip and fall claim usually turns on notice. You generally must show the owner created the hazard, knew about it, or would have found it with reasonable inspections in time to clean it up, repair it or warn you. How long the hazard was there is often the key fact.
A spill that happened seconds before you fell is hard to blame on a store. A puddle under a leaking cooler that staff walked past for an hour is different. So is a broken stair that tenants reported for weeks. Inspection logs, cleaning schedules, maintenance requests and surveillance video can show how long a hazard was there.
Common causes of slip and fall injuries
- Wet, greasy or slippery floors with no warning sign
- Broken or uneven stairs, missing handrails and torn carpet
- Unlit or poorly lit hallways, stairwells and parking areas
- Cracked sidewalks, driveways and parking lots
- Unsafe installations that violate building codes
Falls often cause fractures, head injuries and back injuries. Our founding attorney, Steven D. Green, trained surgeons in the operating room on spine procedures before law school. He reads imaging and surgical records closely, which helps show what a fall injury really means. Learn more about Steven D. Green.
What you must prove in a premises liability case
You generally must prove four things: the defendant owned, leased, occupied or controlled the property; the defendant was negligent in using or maintaining it; you were harmed; and that negligence was a substantial factor in causing your harm CACI No. 1000. Your own share of fault, if any, reduces your recovery.
- Duty. The defendant owned or controlled the property where you were hurt.
- Breach. The defendant failed to use reasonable care to find, fix or warn about the hazard.
- Causation. The hazard caused your fall or injury.
- Damages. You have real losses, such as medical bills, lost wages and pain.
Comparative fault
Owners often say you should have watched where you were going. California follows pure comparative fault, so a share of blame reduces your award by that percentage and you can still recover Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. If a jury finds $100,000 in damages and puts 25 percent of the fault on you, you would recover $75,000.
Cases our premises liability attorneys handle
We handle slip and fall and trip and fall injuries, assaults caused by inadequate security, swimming pool injuries, building code violations, toxic exposure and dog bites. Each case depends on who controlled the property, what they knew, and what a reasonable owner would have done.
- Negligent security. Broken locks, dark parking lots and missing security where crime was foreseeable can make an owner partly responsible for an assault.
- Swimming pools. Missing fences or gates, broken drain covers and slippery decks.
- Hazardous materials. Exposure to toxic substances that were not stored, labeled or cleaned up properly.
- Dog bites. In California, a dog owner is liable when the dog bites someone in a public place or lawfully in a private place, even if the dog was never aggressive before Civ. Code 3342(a).
A fall at work is usually a workers' compensation matter, though a property owner who is not your employer may also be responsible. See our page on workplace injuries. If a family has lost someone because of an unsafe property, our wrongful death attorneys can help.
Injured at a rental property: landlord duties
California landlords must keep rental homes fit to live in. A dwelling is considered untenantable if it substantially lacks floors, stairways and railings maintained in good repair, working electrical lighting, or clean common areas Civ. Code 1941.1(a). A landlord who ignores a known hazard may be liable for injuries it causes.
Tenants and their guests get hurt on broken stairs, loose railings, dark walkways and common areas that are not cleaned or repaired. Written repair requests, texts and emails to the manager are strong evidence that the landlord knew. Keep copies and take photos before anything is fixed.
For a longer guide, read our article on suing your landlord for an injury.
Falls on public property: the six-month claim
A city, county or state agency can be liable for a dangerous condition of its property if the condition caused a foreseeable injury and an employee created it, or the agency knew or should have known about it in time to protect against it Gov. Code 835. A written claim is usually due within six months Gov. Code 911.2(a).
Public property includes sidewalks, parks, libraries, government offices, public schools and transit stations. These claims follow the Government Claims Act. If the agency rejects your claim in writing, you generally have six months from that notice to file a lawsuit Gov. Code 945.6(a). For a child, the six-month claim deadline still applies even though most other deadlines wait until age 18 CCP 352(b).
Missing the six-month deadline can end a claim before it starts. A court can allow a late claim in limited situations Gov. Code 946.6, but you should not count on it. Call us as soon as possible after a fall on public property.
When a property owner may not be liable
Owners are not responsible for every injury on their property. A hazard they had no reasonable chance to discover may not create liability. California's recreational use statute also limits an owner's duty to people who use the land for recreation, such as hiking or fishing, with important exceptions Civ. Code 846.
Under the recreational use statute, an owner generally owes no duty to keep land safe for people who enter it for recreation, or to warn them of hazards. The protection does not apply when the owner willfully or maliciously failed to guard or warn against a dangerous condition, when the owner charged for entry, or when the injured person was expressly invited rather than merely permitted to be there.
These rules are fact-specific. A short call is often enough for us to tell you whether an exception applies.
Your steps and deadlines after a fall
Most premises liability lawsuits must be filed within two years of the injury CCP 335.1. Claims involving public property usually need a written claim within six months. Evidence disappears much sooner, so act in the first few days to protect your claim.
- Right away
Get medical care and report the fall
See a doctor the same day if you can. Ask the manager or owner to write an incident report and get a copy or the report number.
- Same day
Photograph the hazard and keep your shoes
Take photos of the floor, stairs, lighting and any missing warning signs. Keep the shoes and clothes you wore. Get witness names and phone numbers.
- Within days
Ask for video to be saved
Many businesses overwrite camera footage quickly. We can send a written request to preserve it.
- Within 6 months
Government claim, if public property was involved
File a written claim with the right agency Gov. Code 911.2(a).
- Within 2 years
Personal injury lawsuit
Most premises cases must be filed within two years. Enter your date in our California Claim Clock.
Compensation you can claim
You can seek medical bills, future treatment, lost wages and lost earning capacity, plus damages for pain, suffering and lost enjoyment of life. We take premises cases in all 58 California counties from our San Diego office. See the counties we serve, our San Diego personal injury lawyers page, or our main California personal injury lawyer page.
Reviewed by Steven D. Green, Esq. · Updated October 12, 2026
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Questions
California premises liability questions, answered
Are premises liability cases hard to win?
They can be. The hardest part is usually proving the owner knew about the hazard, or should have found it with reasonable inspections, in time to fix it or warn you. Owners also argue the danger was obvious or that you were careless. Photos, incident reports, video and witnesses taken early make a real difference.
What are the requirements for premises liability in California?
You generally must show that the defendant owned, leased, occupied or controlled the property, was negligent in using or maintaining it, that you were harmed, and that the negligence was a substantial factor in causing your harm. Civil Code section 1714 makes everyone responsible for injuries caused by a lack of ordinary care in managing their property.
How long does a premises liability lawsuit take?
It depends on how long your medical treatment lasts, whether fault is disputed and whether a lawsuit is needed. Many claims settle after treatment ends and the losses are known. Cases that go to litigation take longer because of discovery, depositions and court schedules. We give you a realistic timeline once we know the facts.
What are some examples of premises liability cases?
Common examples include slipping on a wet or greasy floor, tripping on a broken stair or sidewalk, falling in a poorly lit stairwell, assaults caused by inadequate security, swimming pool injuries, building code violations, toxic exposure and dog bites. Falls on public sidewalks and in public buildings are handled under special government claim rules.
Is premises liability a tort claim?
Yes. Premises liability is a type of negligence claim, which is a tort. It is based on the duty of property owners and occupiers to use ordinary care in managing their property. Claims against a city, county or state agency are also tort claims but follow the Government Claims Act and its six-month claim deadline.
What does premise liability cover?
It covers injuries caused by unsafe conditions on property someone else owns or controls, including stores, restaurants, apartment buildings, homes, parking lots, offices and public property. You can seek medical bills, lost wages, future care and damages for pain and suffering. Your recovery is reduced by any share of fault assigned to you.
How long do I have to file a slip and fall claim in California?
Most premises liability lawsuits must be filed within two years of the injury (Code of Civil Procedure section 335.1). If the fall happened on property owned by a city, county, state agency or other public entity, a written claim is usually due within six months (Government Code section 911.2).
Hurt on someone else's property in California? Talk to an attorney today.
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