Tustin Premises Liability Lawyer

What Premises Liability Means in California

California Civil Code section 1714 makes everyone responsible for injuries caused by their failure to use ordinary care in managing their property. To win a premises liability claim, you generally need to show:

• the defendant owned, leased, occupied or controlled the property
• there was a condition that created an unreasonable risk of harm
• the defendant knew about it, or would have found it with reasonable inspections, and didn't fix it or warn people in time
• the condition was a substantial factor in causing your injury

The middle two points, "notice" and "reasonable inspections," are where most cases are won or lost. I write more about this in California premises liability law and how to prove a premises liability claim.

Types of Premises Liability Cases I Handle

• slip, trip and fall accidents on wet floors, uneven walkways and broken stairs
• falls from stairs, balconies and railings that weren't built or maintained to code
• inadequate lighting in parking lots, stairwells and hallways
• negligent security, when an owner fails to take reasonable steps against foreseeable crime, such as broken gates, locks or lighting
• swimming pool injuries, including missing fences or gates
• falling merchandise or objects in stores
• elevator and escalator accidents
• dog attacks where a landlord knew about a dangerous dog

Who Can Be Responsible?

Responsibility often falls on more than one party: the property owner, a landlord, a property management company, a business that leases the space, or a maintenance or security contractor. I explain more in when a company is liable for your injuries.

If the dangerous condition was on public property, such as a city sidewalk, park or government building, different rules apply. A claim against a public entity requires showing a "dangerous condition of public property," and a written government claim usually has to be filed within six months.

What If They Say It Was Your Fault?

Property owners often argue the hazard was "open and obvious" or that you weren't watching where you were going. Under California's comparative fault rule, you can still recover even if you were partly at fault; your compensation is reduced by your share. An obvious hazard can also still be the owner's responsibility when people had no practical way to avoid it.

What Your Claim Can Cover

A premises liability claim can cover medical bills, future treatment, lost wages and earning capacity, and compensation for pain, suffering and lost enjoyment of life. Over my career I've recovered over $20 million for my clients in total.

How Fees Work: No Recovery, No Fee Guarantee

I handle premises liability cases on a contingency fee. You pay nothing upfront, I advance the costs of the case, and they're repaid from your recovery. If there's no recovery, you owe no fee.

Premises Liability FAQs

What do you have to prove in a premises liability case in California?

That the defendant controlled the property, a dangerous condition existed, the defendant knew or should have known about it and failed to fix it or warn you, and the condition caused your injury.

Is a landlord responsible for injuries on a rental property?

Often, yes, if the landlord knew or should have known about the dangerous condition and had the ability to fix it, particularly in common areas such as stairs, walkways, pools and parking lots.

Can I sue a business if I was assaulted on its property?

Sometimes. If the crime was foreseeable, for example because of prior similar incidents, and the business failed to take reasonable security measures, it may share responsibility.

How long do I have to file a premises liability claim?

Generally two years from the date of the injury. Claims against a city, county or other public entity usually require a written government claim within six months.

Do I need to report the injury to the property owner?

Yes. Report it to the manager or owner, ask for a copy of the incident report, photograph the hazard and get witness names. Video is often recorded over quickly, so it helps to have a lawyer request it right away.

Talk to a Tustin Premises Liability Lawyer

If you were hurt because a property wasn't safe, call me at (714) 461-6003 or request a free consultation. I'll look at what happened and tell you honestly whether you have a claim. You can also read more about my background or see the other types of injury cases I handle.