Premises Liability Laws in California

Common Premises Liability Cases

California premises liability cases cover a wide range of accidents, all connected by one thread: dangerous conditions on property that someone else controlled.

• Slip-and-fall and trip-and-fall accidents are the most common premises liability claims. Examples include wet grocery store floors, freshly mopped hallways without warning signs, uneven sidewalks, cluttered aisles, and loose carpets.
• Dog bite cases. California holds dog owners strictly liable for bites under Civil Code § 3342. When a bite happens on the owner’s property because a gate was left open or a fence was in disrepair, strict liability and premises liability overlap.
• Negligent security. These claims arise from crimes on a property — assaults, robberies, or break-ins at apartments, hotels, bars, or parking structures. Property owners can be liable for third-party criminal acts when such crimes are foreseeable based on prior incidents, area crime data, or obvious security failures like broken locks or unlit walkways.
• Swimming pool accidents. Drowning is the leading cause of unintentional injury death for children ages one to four. Property owners with pools face premises liability when they lack proper fencing, self-latching gates, safety signage, or supervision. Slippery pool decks and missing safety equipment also create dangerous conditions.
• Toxic exposure. Mold, asbestos, carbon monoxide, and chemical leaks in buildings can cause serious injury or illness. These cases often involve long-term exposure and require expert testimony about when the condition existed and whether the owner had constructive knowledge.
• Construction hazards. Construction accidents can support premises liability claims when non-workers — visitors, tenants, or passersby — are injured by falling debris, open trenches, unmarked drop-offs, or unsafe scaffolding.

Being on the property without permission does not automatically bar a claim, though recovery is more limited. Less obvious locations for premises liability accidents include elevators, escalators, stairwells, parking lots, school campuses, and government buildings. Each case turns on who controlled the area and whether that party knew or should have known about the danger.

What If You Were Partly at Fault?

California follows pure comparative negligence. An injured person’s share of fault generally reduces damages in proportion to that share; it does not automatically eliminate the claim. If total damages were assessed at $100,000 and the injured person was found 30% responsible, that share would reduce the award to $70,000 before other case-specific issues. This is an illustration, not a prediction of any result.

Fault still must be proved. The defendant must show the injured person was negligent and that this conduct was a substantial factor in the harm. A warning sign, an obvious obstruction, or a choice to enter a restricted area may be relevant, but each needs context. A person’s failure to notice a danger does not, by itself, erase the property controller’s obligations. Evidence about sightlines, lighting, footwear, and what happened just before the accident can help sort out the shares of responsibility.

California Premises Liability Statute of Limitations

For most California personal injury lawsuits arising from unsafe private property, the filing deadline is two years under Code of Civil Procedure § 335.1, generally counted from when the claim accrues. Missing that deadline may prevent a lawsuit entirely. Specific facts can affect accrual or tolling, so do not treat a date from a general article as your final deadline.

Public property calls for an earlier step. Under Government Code § 911.2, you generally must present a claim against a public entity within six months after the cause of action accrues. Presenting a government claim is not the same as filing a lawsuit — the Government Claims Act has separate procedures and its own later deadlines for the lawsuit itself. A dangerous-condition claim against an entity that owns or controls public property is also governed by Government Code § 835, which has its own elements, including how the condition was created and whether the entity had notice.

If a city sidewalk, public school, or other government property is involved, identify the agency promptly. Records showing ownership, photographs of the scene, and the date of injury all matter. Government claims have form and delivery requirements, and a conversation with an employee or an insurer may not satisfy them. Get advice early enough to identify the correct entity and deadline.