Practice area
Premises liability lawyers for injuries on someone else's property
A fall in a store or on a broken walkway is not automatically anyone's fault — but it often is, and proving it starts immediately. Free case review, no fee unless we win.
Falls have a reputation problem: people treat them as embarrassing accidents rather than injuries with a cause. But a wet supermarket aisle with no warning sign, a staircase with a loose handrail, a parking lot with a pothole in the dark — these are conditions someone was responsible for finding and fixing. When they cause broken wrists, hip fractures, or head injuries, the question is not whether you were clumsy. It is whether the property owner did what the law requires.
California law answers that question with a general rule: those who own or control property owe visitors reasonable care in maintaining it — inspecting for hazards, repairing them, or at minimum warning about them. The other half of most cases is notice: an owner is generally liable for a hazard they knew about or should have discovered through reasonable inspection, with enough time to address it. A spill made seconds before you fell is a very different case from a leak the store mopped around for a week.
Premises cases are won and lost on evidence that vanishes fast — surveillance footage gets overwritten, the hazard gets fixed the same afternoon, and the incident report goes into a drawer you will never see without a formal demand. If you were hurt on someone else's property, the most valuable thing you can do is act early. The case review is free, and you pay nothing unless we win.
What property owners owe visitors
In California, people who own, occupy, or control property must use reasonable care to keep it safe for people who come onto it. That includes reasonable inspection — an owner cannot avoid responsibility by simply never looking — and either fixing dangers or giving adequate warning of them. What counts as reasonable scales with the situation: a busy grocery store is expected to check its aisles far more often than a private homeowner checks a hallway.
The duty runs with control, not just title. A business leasing its storefront, a property management company, or a maintenance contractor may each bear responsibility for the condition that hurt you, which is why identifying who actually controlled the hazard is an early part of the work.
The notice requirement — the heart of most cases
Owners are generally responsible for hazards they actually knew about, or should have known about through reasonable care, with time enough to fix or warn. This is where insurers plant their flag: "we had no idea the floor was wet." The counters are practical — how long the condition existed, whether inspections were actually happening on the schedule the business claims, whether the same hazard had appeared before, and whether the owner's own procedures were followed.
Sweep logs, inspection records, maintenance histories, and camera footage answer these questions, and all of them are in the owner's hands. Getting a preservation demand out quickly — before footage cycles and logs go missing — is often the difference between a provable case and a shrug.
Common premises liability cases
Slip and falls on wet or freshly polished floors. Trip and falls on uneven walkways, broken stairs, torn carpet, or unmarked changes in elevation. Poor lighting in stairwells and parking areas. Falling merchandise in stores. Dog bites and injuries from inadequately maintained common areas in apartment buildings. Each of these turns on the same pair of questions: was the condition unreasonably dangerous, and did the owner know or have reason to know.
When the dangerous condition is on public property — a city sidewalk, a park, a government building — the claim is possible but the clock is dramatically shorter, and the procedural rules are strict.
What compensation can cover
A premises liability claim can cover your medical treatment past and future, income lost while you recover, reduced capacity to work, out-of-pocket costs, and compensation for pain and the disruption to your life. Falls in particular can carry long tails — a fracture that heals still costs months, and some injuries permanently change how a person moves through the world.
As with any injury claim, value depends on your specific facts. Anyone offering a number before seeing the evidence and the medical picture is guessing.
How the process works
It starts with a free review: what happened, where, and what evidence likely exists. If we take the case, we move quickly on preservation — a letter demanding the footage, incident report, and inspection records be kept — and we document the scene and your injuries while both are fresh.
Then the familiar arc: you complete treatment while we build the file; we present a documented demand; we negotiate; and we file suit if the insurer will not be reasonable. Premises insurers defend on notice, so the file we build is aimed at exactly that question from day one.
California premises liability law, briefly
- Property owners and those who control property owe visitors reasonable care — to inspect, to repair dangers, or to warn of them. California applies this general duty of reasonable care broadly to people lawfully on the property.
- Liability generally requires notice: the owner knew of the hazard, or should have discovered it through reasonable inspection, with enough time to fix or warn before your injury.
- Pure comparative negligence applies. If the insurer argues you should have seen the hazard, that at most reduces your recovery by a percentage — it does not erase the owner's failure to address the danger.
- Most premises injury claims must be filed within two years under Code of Civil Procedure section 335.1.
- If the dangerous condition was on public property, a government claim generally must be presented to the public entity within six months — one of the shortest and most unforgiving deadlines in California injury law.
Frequently asked questions
I fell in a store. Are they automatically responsible?
No — and being honest about that is important. The store is responsible if an unreasonably dangerous condition caused your fall and the store knew or should have known about it in time to fix or warn. That is a factual question answered by evidence like camera footage, sweep logs, and how long the hazard existed. Many falls do clear that bar; the point is that it must be proven, not assumed.
Should I report my fall to the business before I leave?
Yes, if you are physically able. Reporting creates a contemporaneous record: an incident report with the date, time, and location. Give the basic facts, ask for a copy or at least confirmation it was made, and photograph the hazard and your surroundings if you can. Skip any discussion of fault — 'I slipped on liquid in aisle four' is enough.
The store fixed the hazard right after my fall. Doesn't that destroy my case?
No. Owners can and should fix dangers, and the repair does not erase what the condition was when you fell. What matters is preserving the other evidence — footage, the incident report, inspection logs, your photos, witness names. This is why a preservation demand letter goes out early: it obligates the business to keep records it might otherwise let cycle away.
The insurance company says I should have been watching where I was going.
That is the standard comparative-fault move, and California law has a measured answer: even if a jury found you partly inattentive, that reduces your recovery by your percentage of fault rather than eliminating it. It also cuts both ways — a hazard that was truly obvious raises the question of why the owner left it unaddressed.
I tripped on a broken public sidewalk. Is that different?
Meaningfully different, and mostly because of the deadline: claims against a city, county, or other public entity generally must be presented within six months of the injury, using the entity's claim process, before any lawsuit. The substance is similar — a dangerous condition the entity knew or should have known about — but the procedure is strict and the clock is short. Do not wait on these.
What does it cost to hire you?
Nothing up front and nothing unless we win. Contingency fee, free case review, and an honest early answer about whether the notice evidence makes your case worth pursuing.
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The case review is free and confidential, and you pay nothing unless we win. Tell us what happened, and we will tell you honestly where you stand.
