Car Accident
Car accidents are the most common personal injury claim in California. The at-fault driver is liable under negligence principles, and California's pure comparative fault system from Li v. Ye...
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This page provides general legal information about premises liability claims in California. It does not provide legal advice. Consult a licensed California attorney for guidance specific to your situation.
Premises Liability Under California Law
Premises liability covers all cases where a dangerous condition on real property causes injury — not just slip and fall but also swimming pool accidents, inadequate security, balcony collapses, toxic exposure in buildings, and more. California Civil Code Section 1714 imposes a general duty of reasonable care on property owners. The Rowland v. Christian (1968) balancing test determines the scope of the duty in any specific case.
California personal injury law provides a robust framework for premises liability victims. The governing legal standard depends on the type of injury: vehicle accidents proceed under negligence (with Vehicle Code violations establishing negligence per se); premises liability proceeds under the Rowland v. Christian (1968) duty of care; product liability proceeds under Greenman v. Yuba Power Products (1963) strict liability; and medical malpractice proceeds under MICRA's professional negligence standard with its specific damage caps and shorter statute of limitations.
California's pure comparative fault system from Li v. Yellow Cab Co. (1975) allows premises liability victims to recover damages even if they were partly at fault. Recovery is reduced proportionally by the victim's fault percentage but not eliminated. California imposes no cap on economic or non-economic damages in non-malpractice personal injury cases.
Who Is Liable After a Premises Liability
Liability in premises liability cases depends on the specific facts and the legal theory governing the injury type. For vehicle accidents: the at-fault driver and their employer (if driving for work). For premises liability: the property owner, lessee, or other party who controlled the property. For product liability: the manufacturer, distributor, and retailer in the entire distribution chain. For medical malpractice: the licensed healthcare provider and potentially the healthcare facility. For workplace accidents: the employer's workers' compensation insurer (exclusive remedy against the employer) and third-party defendants whose negligence contributed.
"Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another."
Damages Available After a Premises Liability
California premises liability victims can recover: all past and future medical expenses (no cap); lost wages and lost earning capacity; property damage; non-economic damages (pain, suffering, emotional distress, disfigurement, loss of enjoyment of life) — uncapped in non-malpractice personal injury cases; and punitive damages under Civil Code Section 3294 when the defendant's conduct constitutes malice, oppression, or fraud. Medical malpractice non-economic damages are capped by MICRA at $470,000 (personal injury) and $650,000 (wrongful death) in 2026.
Statute of Limitations for Premises Liability Claims in California
Two years from the date of injury under CCP Section 335.1 for most premises liability claims. Medical malpractice: one year from discovery or three years from the act (CCP Section 340.5). Government entity claims: six-month administrative claim under Government Code Section 945.4. Minor victims: tolled until age 18 under CCP Section 352. Missing any applicable deadline permanently bars the claim.
Critical Evidence in Premises Liability Cases
- Medical records from the date of injury — Create a contemporaneous medical record tying injuries to the incident; seek care the same day if possible
- Incident or police report — Official documentation of the event, the parties, and any witnesses
- Photographs — The scene, injuries, defective condition, or damaged product at the earliest possible opportunity
- Witness information — Names and contact information for all persons who saw the incident
- Insurance information — All potentially applicable policies from all potentially liable parties
- Prior incident records — Prior complaints, citations, inspections, or product recalls that establish the defendant's prior notice of the hazard
- Employment and wage records — Documentation of lost income from the date of injury forward
Frequently Asked Questions — Premises Liability
What is the Rowland v. Christian duty of care in California premises liability?
Rowland v. Christian (1968) 69 Cal.2d 108 established that every person owes a duty of ordinary care to avoid injury to others — including property owners toward all visitors. The court identified factors that can limit this duty including: the foreseeability of the harm, the degree of certainty of injury, the connection between the conduct and the injury, the moral blame attached, the policy of preventing future harm, and the burden on the defendant. This balancing test replaced the old 'invitee/licensee/trespasser' categories.
What must I prove in a California premises liability case?
You must prove: (1) the defendant owned, leased, occupied, or controlled the property; (2) the defendant was negligent in the use or maintenance of the property; (3) you were harmed; and (4) the defendant's negligence was a substantial factor in causing your harm. The key question in most premises liability cases is whether the property owner had actual or constructive notice of the dangerous condition.
What is an inadequate security claim?
Inadequate security premises liability claims arise when a property owner fails to provide reasonable security measures, and a visitor is attacked or assaulted on the property. The key element is foreseeability: if the property owner knew or should have known that the area had a history of crime, a duty to provide reasonable security arises. Apartments, parking garages, and hotels in high-crime areas are the most common inadequate security premises.
What if I was injured on government property?
California Government Code Section 835 allows claims against public entities for injuries caused by dangerous conditions on public property. The Government Claims Act requires a written administrative claim within six months of the injury under Government Code Section 945.4. This six-month deadline is jurisdictional — missing it permanently bars any lawsuit against the government entity.
What is a 'trivial defect' defense in a California slip and fall case?
California courts have developed the trivial defect doctrine: minor defects in public property (typically sidewalk height differentials of less than one inch) are too minor to constitute a dangerous condition as a matter of law. This doctrine is most commonly applied in government sidewalk cases. The size of the defect, its location, lighting, visibility, and any prior accidents at the same location all bear on whether the defect is 'trivial.'
How long do I have to file a premises liability lawsuit in California?
Two years from the date of injury under CCP Section 335.1. Government property: written administrative claim within six months under Government Code Section 945.4. Surveillance footage of the incident and the dangerous condition are critical evidence that disappears quickly — request preservation immediately after the injury.
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