Premises Liability

California Premises Liability Lawyer

Getting injured on someone else’s property can turn your life upside down in a moment. Whether it happened at a grocery store, apartment complex, restaurant, hotel, or private home, California law may allow you to pursue compensation when a property owner failed to maintain safe conditions.


At Lee Arter Law, we represent individuals who have been hurt due to preventable hazards on unsafe property. If you suffered injuries because an owner or manager didn’t repair a dangerous condition, failed to provide warnings, or ignored security concerns, you may have a valid premises liability claim.

100+ Years of Combined Experience

17,000 Cases Handled

$100 Million+ in Settlements

What Is Premises Liability in California?

Premises liability is the area of personal injury law that holds property owners and occupiers responsible for injuries caused by unsafe conditions. In California, owners, landlords, and businesses generally have a duty to use reasonable care to keep their premises safe. This duty may involve inspecting the property for hazards, fixing dangerous conditions within a reasonable time, and warning visitors when a risk cannot be corrected immediately.



Premises liability claims can arise from a wide range of situations, and they are not limited to commercial properties. Accidents also happen in private residences, rental units, common areas, and parking lots. The key question is often whether the property owner acted reasonably to prevent foreseeable harm.

Who Can Be Held Responsible for a Property Injury?

More than one party may be responsible for a premises liability injury in California, depending on who owned, controlled, or maintained the property. In many cases, liability may extend beyond the person who owns the building.

Potentially liable parties may include:

  • Property owners and homeowners
  • Landlords and property management companies
  • Businesses and commercial tenants
  • Security companies
  • Maintenance contractors
  • Government agencies (in certain cases)



Determining who had control over the area where the injury occurred is an important part of building a strong claim.

Common Premises Liability Accidents

Unsafe conditions can appear in many forms, and some hazards are not obvious until someone is injured. A premises liability claim may involve one-time hazards, ongoing maintenance issues, or dangerous property conditions that were ignored.

Common examples include:

  • Slip and fall accidents caused by wet floors, leaks, or spills
  • Trip and fall hazards from uneven pavement, loose rugs, or debris
  • Broken stairs, handrails, or unsafe balconies
  • Poor lighting in stairwells, walkways, or parking areas
  • Falling merchandise or unsecured objects
  • Dog bites and animal attacks
  • Negligent security that leads to assault or robbery
  • Swimming pool injuries and drowning incidents
  • Elevator or escalator malfunctions


Even when the hazard seems minor, the outcome can be severe. A simple fall can lead to broken bones, head trauma, or long-term mobility issues.

What You Must Prove in a California Premises Liability Claim

To recover damages, you generally must show that the property owner or occupier was negligent. California premises liability cases often focus on what the owner knew (or should have known) and whether they took reasonable steps to prevent injuries.

A claim typically requires proof that:

  • A dangerous condition existed on the property
  • The owner owed a duty of care to the injured person
  • The owner knew or should have known about the hazard
  • The owner failed to repair the hazard or provide adequate warning
  • The unsafe condition directly caused the injury and damages


One of the most contested issues is whether the owner had notice of the hazard. For example, a store might claim it didn’t know about a spill. However, if the spill existed long enough that reasonable inspections should have discovered it, the business may still be liable.

  • Injuries Frequently Seen in Premises Liability Cases

    Property injuries often require immediate medical care and can result in ongoing treatment, lost wages, and significant lifestyle changes. Many victims underestimate how serious these cases can be until medical bills begin to add up and symptoms linger.

    Premises liability injuries may include concussions and traumatic brain injuries, back and spinal injuries, fractures, torn ligaments, and severe soft tissue injuries. In the most serious cases, victims may suffer permanent disability or complications that require surgery, rehabilitation, and long-term support.

  • Comparative Fault in California Premises Liability Cases

    Insurance companies frequently argue that the injured person was careless or should have avoided the hazard. California uses a pure comparative negligence system, meaning you may still recover compensation even if you were partially responsible. Your recovery may simply be reduced based on your percentage of fault.


    This is important in cases where property owners try to shift blame to avoid paying what a claim is worth. Even if you were distracted, in a hurry, or didn’t immediately see the danger, you may still have legal options.

  • How Long Do You Have to File a Premises Liability Claim in California?

    In many cases, the California statute of limitations for personal injury claims is two years from the date of the injury. Missing the deadline can prevent you from pursuing compensation, even if your case is strong.

    If the injury occurred on government property, different rules and shorter deadlines may apply. Acting early also helps preserve evidence, including incident reports, surveillance footage, and witness information that could be lost over time.

  • What Compensation Can You Recover?

    A premises liability claim may allow you to seek compensation for both the financial costs of your injury and the personal impact the injury has had on your life. The value of a case depends on factors like the severity of injury, medical needs, time missed from work, and long-term limitations.

    Compensation may include medical expenses, future treatment costs, rehabilitation, lost wages, reduced earning capacity, and out-of-pocket costs. In many cases, you may also recover damages for pain and suffering, emotional distress, and loss of enjoyment of life.


    If an unsafe property condition led to a fatal injury, certain family members may be able to pursue a wrongful death claim.

  • What If the Property Owner Claims the Hazard Was “Obvious”?

    Property owners and insurers sometimes argue that a dangerous condition was “open and obvious,” meaning the injured person should have seen it. While that argument can be part of a defense, it does not automatically eliminate liability.


    California courts often consider whether the property owner acted reasonably under the circumstances and whether it was foreseeable that someone could still be hurt. For example, a broken stair may be visible, but that does not excuse failing to repair it. A wet floor may be noticeable, but a business may still be responsible if it did not clean the area promptly or provide appropriate warnings.

    Because these cases often depend on the facts, evidence like photos, maintenance records, prior complaints, and witness statements can play a major role in proving negligence.

  • Why It Helps to Work With a Premises Liability Attorney

    Premises liability cases can become complicated quickly, especially when insurance companies challenge fault, question medical treatment, or deny that a dangerous condition existed. Property owners may also try to minimize injuries or claim the incident happened differently than it did.


    An attorney can help investigate your accident, identify liable parties, preserve evidence, and negotiate with insurance companies. If a fair settlement cannot be reached, your lawyer can prepare the case for litigation and fight for the compensation you deserve.

  • Why Choose Lee Arter Law?

    At Lee Arter Law, we understand how quickly a premises injury can disrupt your health, finances, and daily life. Our focus is on helping injured people pursue compensation after preventable accidents caused by unsafe conditions.


    We work to build strong, evidence-based claims and guide clients through every stage of the legal process. Whether your case involves a slip and fall, unsafe apartment conditions, negligent security, or another dangerous property issue, our firm is prepared to advocate for you.

Speak With a California Premises Liability Lawyer Today

If you were injured due to unsafe property conditions, you may be entitled to financial compensation under California law. The sooner you take action, the easier it may be to preserve critical evidence and protect your claim.



Contact Lee Arter Law today to schedule a consultation and learn how we can help with your California premises liability case.