Premises Liability Law in California

Generally, you must show that the property owner or controller owed you a duty of reasonable care, that they failed to meet that duty, that a dangerous condition existed and the owner knew or should have known about it, and that the condition caused your injury and losses. Each of these elements matters, and a lawyer can help you understand how they apply to your specific situation.

California law generally requires property owners to use reasonable care toward most people who come onto their property. Whether you were a customer, a social guest, or another type of visitor can affect the legal analysis, though California courts have moved away from the rigid visitor categories used in some other states. A lawyer can explain how your status at the time of the injury may affect your claim.

California follows a legal principle called pure comparative fault, which means your compensation may be reduced by the percentage of fault assigned to you, but you may still be able to recover something even if you were partly to blame. For example, if you are found to share some responsibility, your damages could be reduced proportionally. A lawyer can help you understand how this rule applies in your case.

Yes, when a city, county, state agency, or other government entity owns or controls the property where you were injured, California law requires you to file a formal government claim before you can file a lawsuit. The deadline for this government claim is much shorter than the general deadline that applies to private property cases. Missing this step can permanently bar your claim, so acting quickly is essential.

Common situations include slips and falls on wet or uneven surfaces, injuries from poor lighting, falling objects, defective stairs or railings, swimming pool accidents, and injuries caused by inadequate security. Any injury resulting from an unsafe condition that the property owner knew or should have known about may give rise to a claim. The specific circumstances of each situation matter significantly.

California law recognizes that property owners may owe a heightened duty of care when children are involved, particularly under a legal concept known as the attractive nuisance doctrine. If a dangerous feature on a property — such as a swimming pool or construction equipment — is likely to attract children who may not appreciate the risk, the owner may have a responsibility to take steps to protect them. If a child was hurt, speaking with a lawyer promptly is especially important.

The deadlines section of this page covers this in more detail, but time limits in California can be strict and vary depending on who owns the property. When a government entity is involved, the deadline to act can be significantly shorter than it would be for a claim against a private property owner. Do not wait to seek legal advice, as missing a deadline can prevent you from recovering compensation entirely.