California Premises Liability Lawyers

If you were hurt on someone else's property in California because of an unsafe condition they knew about or should have known about, you may have a premises liability claim. Mendez & Sanchez APC represents people injured on private property, business premises, rental properties, and government land. Consultations are free, we are available 24/7 in English and Spanish, and you pay nothing unless we win.

Do You Have a Premises Liability Claim in California?

California Civil Code section 1714 requires property owners and occupiers to use reasonable care to keep their property safe for people who come onto it. If they fail to fix a dangerous condition, warn visitors about it, or allow a hazard to exist, and you get hurt as a result, they can be held liable for your injuries.

The key question is whether the property owner acted reasonably. A store that mops a floor and puts up no wet floor sign, a landlord who ignores a broken handrail, a parking lot owner with burned-out lights at night: these are not accidents. These are failures of a legal duty.

What Do You Need to Prove in a Premises Liability Case?

To win a premises liability case in California, you generally have to show four things:

1. The defendant owned, leased, or controlled the property where you were hurt.
2. The defendant was negligent in using or maintaining the property. This means they knew or should have known about the dangerous condition and failed to fix it or warn you.
3. You were harmed. There must be a real injury, not just a close call.
4. The negligence was a substantial factor in causing your harm. The unsafe condition must actually be what hurt you.

Evidence matters here. Incident reports, surveillance footage, maintenance logs, witness statements, and medical records from the day of the injury all directly affect whether you win and how much you recover.

What Types of Accidents Fall Under Premises Liability?

Premises liability covers a wide range of incidents, not just slip and falls. The cases our firm handles most often include:

• Slip and fall accidents on wet floors, uneven pavement, broken stairs, or icy surfaces
• Trip and fall accidents caused by cracked sidewalks, loose carpeting, or poor lighting
• Inadequate security injuries from assaults in parking lots, hotels, apartment buildings, or other properties where security was lacking
• Swimming pool accidents, including drownings and injuries from defective equipment
• Dog bites that happen on someone's property (California Civil Code 3342 makes owners strictly liable for dog bites)
• Falling objects in stores, warehouses, or construction areas
• Elevator and escalator accidents caused by poor maintenance
• Amusement park and recreational facility injuries

Who Can Be Held Responsible for Your Injury?

The person who owns the property is usually the primary defendant, but not always the only one. Depending on the situation, responsible parties can include:

• The property owner
• A business that leases the space (a store in a shopping center, for example)
• A property management company hired to maintain the building
• A contractor responsible for the construction or repair work that created the hazard
• A government agency, if the injury happened on public property like a sidewalk or park

Identifying every party that shares responsibility often means a larger recovery for you, because more insurance is available.

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

In most cases, you have 2 years from the date of your injury to file a premises liability lawsuit in California (Code of Civil Procedure section 335.1). Miss that deadline and you lose the right to sue, no matter how clear the evidence is.

Two important exceptions. If the injury happened on government property, like a city sidewalk, a public park, or a county building, you must file a government claim within just 6 months of the injury date. And for minors, the clock generally does not start until they turn 18. Either way, moving quickly protects evidence, witness memory, and your leverage. Surveillance footage especially disappears fast.

Can You Still Recover If You Were Partially at Fault?

Yes. California follows pure comparative negligence, which means you can recover damages even if you were partly responsible for your own injury. Your recovery is simply reduced by your percentage of fault. If your damages are $80,000 and a jury finds you were 20% at fault for not watching where you were walking, you still recover $64,000.

Property owners and their insurers routinely argue that the injured person was not paying attention or assumed the risk. An attorney knows how to counter this argument and make sure the property owner's actual negligence is front and center.

What Compensation Can You Get?

A premises liability claim can include:

• Medical expenses: emergency room, surgery, hospitalization, physical therapy, medications, medical equipment, and the cost of future treatment if your injuries are ongoing.
• Lost wages: income you lost while recovering, plus reduced future earning capacity if your injuries prevent you from returning to the same work.
• Pain and suffering: compensation for the physical pain, emotional distress, anxiety, and loss of enjoyment of life caused by the injury. In serious cases, this is often the largest part of the recovery.
• Property damage: anything broken or damaged in the incident.

Do You Need a Lawyer for a Premises Liability Claim?

You are allowed to handle it yourself, but premises liability cases are harder to win than people expect. Property owners and businesses carry insurance specifically to fight these claims, and their adjusters are experienced at finding ways to deny or minimize payouts. Common tactics include arguing you were distracted, that the hazard was "open and obvious," or that you signed a waiver.

An attorney levels the playing field. At Mendez & Sanchez APC, premises liability consultations are free, and we work on contingency, meaning you pay nothing unless we win. If you were seriously injured, getting a lawyer involved early also preserves the evidence that makes or breaks the case.

Helpful Guides From Our Attorneys

• Car accident claims in California and Nevada, explained
• Truck accident cases: why they're different and what to do
• Who pays my hospital bills after an accident?
• Estimate what your case may be worth