What is the statute of limitations on premises liability in California?
California premises liability laws generally require property owners within the state to provide reasonably safe conditions for those who live, work at and/or visit their properties. While these laws dictate that California property owners have a responsibility to maintain safe properties, the laws also require owners to warn people of potential hazards on their property to minimize the possibility of accidents and injuries.
Unfortunately, however, not all property owners are diligent about living up to these legal obligations. And their violations can cause serious harm to others.
At the Law Office of Pius Joseph, our Pasadena attorneys are skilled at holding negligent property owners accountable when their actions – or inaction – injure others. Known for our experience, dedication and record of success, our lawyers will work relentlessly to help you pursue all available legal remedies if you have been hurt at a dangerous property.
When accidents happen on others’ property, determining whether the owner of that property had a duty of care to the injured party will be the first step in figuring out whether the injured person has a case. In evaluating when a duty of care exists, the following issues should typically be considered:
- Maintenance of the property
- Awareness of hazardous conditions
- Actions taken to address hazards
In general, when it comes to property owners’ duty of care, California laws state that:
Property owners must maintain their properties in a reasonably safe condition.
Property owners must warn visitors of any known hazards on the property.
To prove a premises liability case, California law generally requires that the following three facts be established:
- The property owner owed a duty of care to the injured party
- The property owner breached that duty of care
- The breach of duty caused the injuries suffered by the injured party
Although premises liability cases often involve slip and falls or trip and fall accidents, they can also include (but are by no means limited to):
- Swimming pool accidents
- Elevator and escalator accidents
- Dog bites
- Inadequate security leading to assaults or other criminal acts
If you have been harmed due to the dangerous conditions at a property, contact a Pasadena premises liability lawyer at the Law Offices of Pius Joseph – Personal Injury Attorney for answers about your best options for financial recovery.
Call our firm at (626) 397-1050 or email us via the contact form on this page to schedule a free, no obligations initial consult with one of our lawyers and find out more about how we can help you.
From offices based in Pasadena, we provide superior representation and service to injured people throughout Los Angeles County, San Bernardino County, Riverside County, Orange County, San Diego County and the state of California.
OUR AWARDS We know that serious personal injury cases can be both contentious and time-consuming. Our goal is to make the legal process smooth and efficient. If you are injured in a motor vehicle accident or on the job, we are here to manage all the legal aspects of your claim and put your needs first, allowing you to focus on your recovery.
What is premises liability law in California?
7 most common grounds for a premises liability lawsuits
In California, the law of premises liability requires property owners to
The following bubble graph shows common hazards that lead to premises liability lawsuits.
In this article, our legal team will explain:
California’s premises liability laws are based on negligence. California Civil Code 1714(a) states that:
Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…1
To win a premises liability lawsuit, we must prove:
The “duty of care” for a property owner is based on what a reasonable property owner would do under similar circumstances.4
If you are injured on someone else’s property, we can generally sue the individual or company who owns, leases, occupies, or controls (“possesses”) the property.5 This typically includes:
Property owners or possessors generally cannot delegate away the duty to keep the property in a reasonably safe condition.6 If they hire an employee or an independent contractor to fix a hazard that they then fail to fix, the property owner is still responsible for the condition of the property.7
In California, the accident cases we handle most often are:
Property owners can also be liable for accidents that occur just off the property but are caused by hazardous conditions within the property.
Property owners have an affirmative duty to prevent or fix dangerous conditions, especially if children are coming onto the property. Property owners cannot avoid liability just by claiming they did not know about the dangerous conditions.
When property owners cannot prevent or fix a dangerous condition, they should post a notice as a warning. It should be visible enough to make you aware of the hazard before you can get into a situation where you could be harmed.11
In a premises liability lawsuit, we seek compensatory damages for your economic and non-economic losses caused by the accident. Economic damages may include:
- Medical expenses
- Lost wages
- Property damage
Non-economic damages compensate you for losses that do not have a set dollar value, such as:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
Note that under California’s comparative negligence laws, your final damages award can be reduced if the court determines that you contributed to your injuries (such as by being intoxicated or being distracted by your phone).
When a trespasser gets injured in California, the property owner could be liable if they failed to use reasonable care to keep the property in a reasonably safe condition. In these cases, juries consider all relevant factors, such as:
Homeowner’s insurance policies cover many types of bodily injuries (up to the policy limits) that occur on the homeowner’s property. However, insurance policies often have exclusions for certain types of accidents. Examples include:
- Intentional acts
- Acts of war
- Acts of terrorism
Insurance policies may also require the policyholder to take steps to mitigate damages and notify the insurance company of the accident or injury wit
What is premises liability law DC?
Premises liability is a form of negligence specific to personal injury claims regarding someone else’s property. Proving negligence in a DC premises liability is based upon factors like your right to be on the property, the knowledge of potential harm by the property owner, and the amount of time that has elapsed since the injury occurred. If you get into a serious accident on someone else’s property, it may be caused by negligence. You will need a knowledgeable DC premises liability lawyer to help with your claim.
Our attorneys at Regan Zambri Long help victims and their families recover damages for medical bills, lost wages, wrongful death claims, and more. Not all personal injury lawyers are equipped to handle the nuances of a premises liability accident, but we are. We hold the at-fault party accountable so you can move forward.
Negligence, in the context of premises liability, refers to the failure of the property owner or manager to maintain a safe environment for visitors.
In the District of Columbia, for a premises liability claim to be successful, the plaintiff must prove:
- To prove that the property owner or occupier was negligent in the maintenance of the property, you must show that the owner knew or should have known about the hazardous condition and failed to correct it. Or, in some cases, simply provide a warning of the potential harm.
Washington, DC, operates under the contributory negligence rule, which means if the plaintiff is found even minimally responsible for their injury, they may be barred from recovering any damages.
For example, if you clearly saw a puddle in a grocery store from a spill and walked through it anyway, you could be deemed partially responsible for the injuries you sustained.
However, contributory negligence should not keep you from seeking legal recourse. An experienced premises liability lawyer from Regan Zambri Long will help you bring a suit against the negligent property owner so you get the compensation you need to move past this event.
Premises liability cases include a variety of scenarios where an individual becomes injured on someone else’s property due to the property owner’s negligence. In all instances, it is the property owner’s responsibility to maintain a safe environment for visitors, customers, and even trespassers in some instances.
Some of the most common examples of DC premises liability cases include:
- One of the most common types of premises liability cases, slip and fall incidents occur when a person is injured due to a slip, trip, or fall resulting from unsafe conditions on a property. Over 6.9 million people were estimated to be treated in emergency rooms for fall-related injuries in 2021 alone.
- Common causes of slip and falls include wet floors without warning signs, uneven flooring, or poorly maintained staircases.
Under premises liability law, property owners must maintain their properties to ensure safety. This includes fixing broken handrails or faulty elevators, repairing crumbling steps.