California Premises
Liability Lawyer

Premises liability is a type of personal injury claim involving injuries connected to the condition, maintenance, operation, or control of property.

A premises liability case may arise from a temporary hazard, such as a spill on a store floor, or a longer-standing condition, such as damaged stairs, broken pavement, inadequate lighting, or a defective railing.

Other cases may involve security issues, parking areas, elevators, escalators, swimming pools, walkways, entrances, exits, or other parts of a commercial property.

The existence of a dangerous condition does not automatically establish responsibility.

Important questions can include:

• Who controlled the area?
• Who was responsible for inspecting it?
• Who maintained or repaired it?
• How did the condition develop?
• How long did it exist?
• Did anyone know about it?
• Could it reasonably have been discovered?
• Were warnings or precautions provided?
• What evidence remains after the accident?

Those questions can be particularly important at commercial properties where several different companies may share responsibilities for the same location.

Commercial properties experience constant activity.

Customers, employees, deliveries, cleaning crews, contractors, merchandise, vehicles, food, liquids, equipment, and changing weather conditions can all affect the safety of the property throughout the day.

Serious premises liability accidents may occur at:

• Shopping centers
• Malls
• Grocery stores
• Supermarkets
• Markets
• Retail stores
• Restaurants
• Cafes
• Hotels
• Resorts
• Movie theaters
• Entertainment venues
• Parking lots
• Parking structures
• Office buildings
• Gyms
• Event venues
• Other public-facing businesses

Different areas of the same property may also be controlled by different people or companies.

A retail tenant may control the inside of a store while a shopping-center owner or property-management company controls sidewalks, parking areas, entrances, landscaping, or other common areas.

Determining who actually controlled the area where the injury occurred can therefore be an important part of investigating the claim.

The property owner is not necessarily the only potentially responsible party.

Depending on the circumstances, a premises liability accident may involve:

• Commercial property owner
• Business operator
• Commercial tenant
• Property management company
• Maintenance company
• Cleaning contractor
• Security company
• Construction contractor
• Repair company
• Vendor
• Another person or business responsible for the area

For example, a grocery store may occupy leased commercial space while a separate company owns the shopping center.

A cleaning company may be responsible for certain maintenance work.

A parking facility may be operated by a different business.

Security services may also be provided by an outside contractor.

Responsibility should therefore be evaluated according to who owned, occupied, operated, maintained, or controlled the particular area and condition involved in the accident.

One of the central questions in many California premises liability cases is whether the person or business responsible for the property knew or reasonably should have known about the dangerous condition.

A business is not automatically responsible every time someone is injured on its property.

The investigation may consider how the hazard developed, how long it existed, what inspection procedures were used, whether employees or contractors were aware of it, and whether reasonable steps were taken to correct the condition or provide a warning.

For example, after a spill at a grocery store, important questions may include:

• What caused the spill?
• Was an employee responsible for creating it?
• How long was it present?
• When was the area last inspected?
• Were employees working nearby?
• Were warning signs present?
• Was the condition cleaned before photographs could be taken?
• Does surveillance footage show when the spill appeared?

A longer-standing structural condition may involve different evidence, such as maintenance requests, repair records, prior complaints, inspections, photographs, or previous work performed in the area.

The circumstances of each accident matter.

Shopping centers and malls contain many areas where premises accidents can occur.

Potential locations include:

• Interior walkways
• Store entrances
• Food courts
• Escalators
• Elevators
• Stairways
• Restrooms
• Parking lots
• Parking structures
• Exterior sidewalks
• Loading and pickup areas
• Common areas

An accident may involve spilled liquids, damaged flooring, uneven walking surfaces, inadequate lighting, unsafe stairs, broken railings, debris, parking-area conditions, or another hazard.

Large shopping properties may also involve several different businesses and contractors.

Identifying whether the accident occurred inside an individual store, within a common area, in a parking facility, or somewhere else can help determine which parties and records should be investigated.

Grocery stores and markets can present rapidly changing floor conditions because customers, carts, employees, food products, refrigeration equipment, cleaning activities, and deliveries are constantly moving through the property.

Potential hazards may include:

• Spilled liquids
• Produce
• Food products
• Leaking refrigeration equipment
• Condensation
• Recently mopped floors
• Broken containers
• Merchandise
• Loose mats
• Damaged flooring
• Entrance-area water

Store inspection and cleaning practices can become particularly important in these cases.

Surveillance footage may help establish when a dangerous condition developed, whether employees passed through the area, whether inspections occurred, and what happened immediately before and after the fall.

Learn more about slip-and-fall accidents in California grocery stores and retail businesses.

Restaurants, cafes, food courts, bars, and other food-service businesses may have conditions involving liquids, food, grease, cleaning activity, entryways, restrooms, stairs, outdoor dining areas, and other high-traffic locations.

A fall may occur because of spilled drinks, dropped food, recently cleaned flooring, leaking equipment, uneven walking surfaces, damaged stairs, poor lighting, or another condition.

The fact that food or liquid was present does not automatically establish responsibility.

Important questions may involve how the condition developed, how long it existed, what employees knew, what inspection or cleaning procedures were used, and whether warnings were provided.

Video footage, employee information, incident reports, photographs, and cleaning records can become particularly relevant.

Hotels and resorts contain many different areas used by guests, employees, visitors, and vendors.

Premises accidents may occur in:

• Lobbies
• Hallways
• Guest-access areas
• Restaurants
• Pool areas
• Stairways
• Elevators
• Parking facilities
• Exterior walkways
• Entrances
• Event spaces

Potential issues may involve wet flooring, damaged walking surfaces, inadequate lighting, unsafe stairs, defective railings, pool-area conditions, or other hazards.

Hotels may also rely on outside maintenance, cleaning, parking, or security companies, creating additional questions about who controlled the area involved.

Learn more about hotel slip-and-fall accidents in California.

Parking facilities can create premises liability issues that are different from those inside a business.

Potential hazards may include:

• Broken pavement
• Potholes
• Uneven walking surfaces
• Damaged wheel stops
• Poor lighting
• Water accumulation
• Debris
• Unsafe stairs
• Damaged railings
• Construction conditions

A parking lot or garage may be controlled by the business itself, a shopping-center owner, property-management company, parking operator, maintenance contractor, or another organization.

Determining who was responsible for the area can therefore require investigation.

Photographs of the condition can be especially important because potholes, pavement defects, lighting, debris, and other hazards may later be repaired or altered.

Premises liability can sometimes involve security issues in addition to physical defects in a property.

A serious assault, robbery, shooting, or other violent incident at a mall, parking structure, hotel, entertainment venue, nightclub, or other commercial property may raise questions about security depending on the circumstances.

These cases can be significantly more complicated than an ordinary slip-and-fall accident.

Relevant issues may include:

• Property location
• Nature of the business
• Prior incidents
• Available security
• Lighting
• Surveillance systems
• Access control
• Security personnel
• Property layout
• Warnings
• Information known before the incident

The fact that criminal activity occurred on commercial property does not automatically make the property owner or business responsible.

Security-related claims can depend heavily on foreseeability, notice, control, the particular circumstances of the incident, and what precautions were reasonable under those circumstances.

Surveillance footage, security records, police information, witness statements, and prior incident information may become important when evaluating these cases.

Falls on stairs can cause serious injuries because a person may strike several surfaces during the fall.

Potential stair-related conditions may involve:

• Damaged steps
• Uneven step heights
• Loose materials
• Broken handrails
• Missing railings
• Slippery surfaces
• Poor lighting
• Debris
• Other unsafe conditions

The stairway itself may need to be documented before repairs or alterations occur.

Photographs showing the steps, railings, lighting, measurements, surrounding area, and accident location can help preserve information about the condition.

Depending on the property, maintenance and repair records may also become relevant.

Slip-and-fall accidents are one of the most common types of premises liability claims, but premises liability is broader than slip and fall.

A person may be injured because of:

• Wet or slippery flooring
• Uneven pavement
• Broken stairs
• Defective railings
• Falling objects
• Unsafe parking areas
• Inadequate lighting
• Security-related conditions
• Pool hazards
• Other dangerous property conditions

When the accident specifically involves slipping, tripping, or falling because of a property condition, DAG Law Firm’s California Slip and Fall Lawyer page provides additional information.

For wet-floor cases, learn more about wet-floor slip-and-fall claims in California.

Property conditions can change very quickly after an accident.

A spill may be cleaned.

A warning sign may be moved.

Broken pavement may be repaired.

Debris may be removed.

Lighting may be replaced.

Security video may eventually be overwritten.

For that reason, evidence preservation can be particularly important in premises liability cases.

Potential evidence may include:

• Photographs of the dangerous condition
• Video of the area
• Surveillance footage
• Witness names and contact information
• Incident reports
• Inspection records
• Cleaning records
• Maintenance records
• Repair records
• Employee information
• Security records
• Prior complaints when relevant
• Medical records
• Medical bills
• Employment documentation
• Accident-related expense records

The most important evidence depends on what caused the injury.

A grocery-store spill may require different records from an unsafe stairway, parking-lot defect, negligent-security incident, or hotel accident.

Learn more about evidence that may help a California slip-and-fall claim.

Health and immediate safety should come first after a serious accident.

Depending on the circumstances, potentially useful steps may include reporting the incident to the business, obtaining appropriate medical care, photographing the condition, identifying witnesses, and preserving documents connected to the accident.

If an incident report is prepared, information showing when and where the accident occurred may later become useful.

Potentially important records may include:

• Photographs
• Video
• Witness information
• Incident documentation
• Receipts showing presence at the business
• Medical records
• Medical bills
• Employment information
• Insurance communications
• Accident-related expenses

When surveillance cameras are visible near the accident location, documenting their location can also be helpful.

The injured person does not need to personally investigate every aspect of a serious accident while dealing with medical treatment.

For falls specifically, read what to do after a slip-and-fall accident in California.

Premises accidents can cause injuries ranging from temporary conditions to serious and permanent disabilities.

Potential injuries may include:

• Traumatic brain injuries
• Concussions
• Broken wrists and arms
• Shoulder injuries
• Hip fractures
• Knee injuries
• Ankle injuries
• Neck injuries
• Back injuries
• Spinal trauma
• Facial injuries
• Lacerations
• Nerve damage
• Other orthopedic injuries

A serious fall may require surgery, physical therapy, rehabilitation, specialist treatment, or extended time away from work.

Head injuries can be particularly serious when someone strikes the floor, stairs, shelving, pavement, or another hard surface.

Learn more about common injuries in California slip-and-fall accidents and DAG Law Firm’s California brain injury practice.

A business or insurance company may argue that an injured person should have seen and avoided the dangerous condition.

Whether that argument affects a claim depends on the circumstances.

Relevant factors may include:

• Visibility of the condition
• Lighting
• Location of the hazard
• Surrounding distractions
• Property layout
• Whether the condition blended into the surrounding surface
• Whether warning signs were present
• Why the person was using the area
• Conduct of the injured person
• Conduct of the property-related parties

Responsibility may also be divided when more than one person’s conduct contributed to an accident.

An allegation that the injured person should have noticed a hazard should therefore be evaluated against the actual evidence rather than assumed to resolve the case.

There is no reliable average settlement amount for a California premises liability claim.

The potential value of a particular case depends on its individual circumstances.

Relevant considerations may include:

• Severity of the injuries
• Emergency treatment
• Surgery
• Rehabilitation
• Future medical care
• Lost income
• Reduced earning ability
• Permanent physical limitations
• Scarring
• Pain and suffering
• Emotional effects
• Strength of the property-condition evidence
• Responsibility for the accident
• Available insurance
• Number of potentially responsible parties

A person who recovers after relatively limited medical treatment will have a very different claim from someone who suffers a hip fracture, traumatic brain injury, spinal injury, multiple surgeries, or permanent disability.

The location of an accident by itself does not determine case value.

The property condition, available evidence, injuries, treatment, losses, and other circumstances must be evaluated together.

For additional information about falls, read how much a California slip-and-fall case may be worth.

A serious premises liability accident can create substantial medical and financial consequences.

Treatment may involve emergency care, hospitalization, diagnostic testing, surgery, specialist appointments, physical therapy, rehabilitation, medications, and future medical treatment.

An injury may also cause missed work, reduced hours, medical restrictions, or an inability to return to the same occupation.

For older adults, fractures or head injuries may significantly affect independence and mobility.

For someone whose employment requires standing, walking, lifting, driving, or other physical activity, an orthopedic injury may interfere with the ability to work even after the initial medical treatment ends.

Medical documentation, employment records, wage information, and future treatment recommendations may help show the broader consequences of the injury.

Some dangerous property incidents result in fatal injuries.

Fatal accidents may involve severe falls, unsafe stairs, swimming pools, falling objects, violent incidents, structural hazards, or other serious property-related events.

When an accident results in death, qualifying family members may need to evaluate potential wrongful death issues in addition to determining who controlled the property and how the incident occurred.

Evidence preservation can become particularly important when the injured person cannot provide their own description of what happened.

Families affected by a fatal premises accident can learn more about California wrongful death claims.

California premises liability claims are subject to filing deadlines.

Personal injury lawsuits in California are generally subject to a two-year filing deadline from the date of injury, although exceptions and different rules may apply depending on the circumstances.

Much shorter requirements can apply when a government entity may be responsible.

Government-related issues may arise when an accident occurs on public property, at a government-operated facility, on a public walkway, or in another location controlled by a city, county, state agency, or other public entity.

In some California personal injury matters involving a government entity, an administrative claim generally must be presented within six months.

These are general timeframes and should not be relied upon to calculate the deadline for a particular premises liability case.

Evidence can also disappear long before a legal filing deadline arrives.

Surveillance footage may be overwritten, dangerous conditions can be repaired, spills can be cleaned, witnesses may become difficult to locate, and maintenance records may become harder to identify.

For falls, learn more about California slip-and-fall claim deadlines.

Not exactly.

Slip-and-fall cases are one type of premises liability claim.

Premises liability can also involve unsafe stairs, defective railings, dangerous parking areas, falling objects, inadequate lighting, swimming pool conditions, security-related incidents, and other property hazards.

Learn more about California slip-and-fall accidents.

No.

An injury occurring at a business does not automatically make the business legally responsible.

A premises liability claim generally requires evaluating the dangerous condition, the parties responsible for the property, knowledge or notice of the hazard when relevant, inspections, maintenance, warnings, and the circumstances of the accident.

Temporary hazards such as spilled liquids, food, debris, or recently cleaned flooring can still raise premises liability issues.

Important questions may include how the condition was created, how long it existed, whether employees knew about it, what inspection procedures were used, and whether the hazard reasonably could have been discovered before the accident.

How the hazard was created can be important.

If an employee or another person working for a business created the condition, different notice and responsibility issues may arise than when an unknown customer created a spill shortly before an accident.

The evidence concerning how the hazard originated should therefore be evaluated.

Yes, when relevant footage exists.

Video may show the accident, how a dangerous condition developed, how long it existed, whether employees were nearby, whether inspections occurred, or what happened immediately afterward.

Not every property has useful footage, and recordings may not be retained indefinitely.

Shopping-center accidents can involve several potentially responsible businesses.

The investigation may need to determine whether the accident occurred inside a store, in a common walkway, parking area, stairway, food court, or another portion of the property and who controlled that specific area.

Potentially, depending on the circumstances.

Security-related premises claims can be complex and may involve issues concerning prior incidents, foreseeability, control, lighting, access, security practices, and other factors.

The fact that a crime occurred on property does not automatically make the property owner or business responsible.

Photographs, surveillance footage, witness information, incident reports, inspection records, maintenance information, medical documentation, employment records, and other accident-related information may become relevant.

The specific evidence needed depends on the type of dangerous condition involved.

Many California personal injury lawsuits generally have a two-year filing deadline, but different rules and exceptions can apply.

Claims involving government entities can have substantially shorter requirements.

The specific deadline should be determined from the particular facts and parties involved.

Premises liability claims frequently overlap with slip-and-fall, brain injury, and other serious injury matters. These DAG Law Firm resources provide additional information about common commercial property accidents and related issues:

California Slip and Fall Lawyer

What to Do After a Slip and Fall Accident in California

Who Is Liable for a Slip and Fall Accident in California?

How Much Is a California Slip and Fall Case Worth?

Common Injuries in California Slip and Fall Accidents

Slip and Fall Accidents in Grocery Stores and Retail Businesses

Wet Floor Slip and Fall Claims in California

Evidence for a California Slip and Fall Claim

California Slip and Fall Claim Deadlines

California Brain Injury Lawyer

California Wrongful Death Lawyer

Premises liability cases can require investigating property ownership, business operations, control of the accident area, inspections, maintenance, surveillance footage, contractors, insurance coverage, and how quickly the dangerous condition changed after the accident.

DAG Law Firm, APC represents people seriously injured in qualifying premises liability matters throughout California, with a particular focus on accidents involving commercial and public-facing properties.

Depending on the circumstances, our attorneys may review how the accident occurred, identify the businesses and other parties responsible for the property, examine photographs and surveillance footage, obtain witness information, evaluate incident and maintenance records, investigate available insurance, and document the medical and financial effects of the injuries.

Whether an accident occurred at a shopping center, grocery store, market, restaurant, hotel, retail business, entertainment venue, parking facility, or another commercial property, the specific dangerous condition, responsibility for the area, and available evidence matter.

Every premises liability accident should be evaluated individually.

You do not pay attorney fees unless we win your case. There are no upfront attorney fees for qualifying premises liability matters handled on a contingency fee basis.

If you or a loved one was seriously injured at a California business or other commercial property, call (323) 930-2020 or contact DAG Law Firm today to discuss your situation.