Key Takeaways
- You are not automatically liable if someone is injured on your property in California.
- Liability depends on whether you failed to use reasonable care to keep the property safe.
- The injured person’s status, the hazard involved, and whether you knew (or should have known) about the danger all matter.
- California follows comparative fault, meaning liability can be shared between parties.
- Homeowners, landlords, business owners, and even renters can be held responsible in some situations.
- Taking reasonable steps to inspect, repair, and warn about hazards can reduce liability risk.
Property owners in California have a legal duty to maintain reasonably safe conditions for people who enter their property. When someone is injured, liability depends on the specific facts—how the injury happened, what condition caused it, and whether the property owner acted reasonably under the circumstances.
Understanding how premises liability works can help you assess whether you may be responsible and what steps to take next.
What Is Premises Liability?
Premises liability is an area of personal injury law that holds property owners, tenants, and others who control property responsible for injuries caused by unsafe conditions. It applies to private homes, rental properties, businesses, and even public spaces.
A property owner may be liable if they failed to reasonably inspect, maintain, repair, or warn about a dangerous condition and that failure caused someone to get hurt.
Common Types of Premises Liability Claims
Premises liability covers a wide range of injury scenarios. Some of the most common include:
Slip and Fall Accidents
Slip and fall claims often involve hazards such as wet floors, uneven walkways, loose rugs, poor lighting, or debris left in walking paths. Slip & fall liability frequently turns on how long the hazard existed and whether the owner had time to fix or warn about it. Falls at restaurants are especially common due to spills and heavy foot traffic.
Negligent Security
Property owners may be liable when someone is injured due to foreseeable criminal activity and inadequate security, such as broken locks, lack of lighting, or non-functioning gates. These cases often involve apartment complexes, hotels, parking structures, or shopping centers.
Dog Bite and Animal Injuries
California has strict liability for dog bites. This means dog owners are generally responsible for injuries their dogs cause, even if the dog never showed aggression before. California law does not recognize a “one free bite” rule.
Duty of Care and Visitor Status
California law considers the injured person’s reason for being on the property when evaluating liability. These classifications are factors—not absolute rules—but they still matter.
Invitees and Licensees
Invitees enter a property for business purposes, such as customers in a store or restaurant. Licensees are social guests invited for non-commercial reasons. Property owners generally owe both groups a duty to maintain safe conditions and address hazards that could reasonably be discovered.
Trespassers
Property owners usually owe limited duties to adult trespassers. However, owners may still be liable if they intentionally cause harm or act with reckless disregard for safety. Special rules apply when children trespass, particularly if an attractive hazard—such as a swimming pool—is present.
What Is the California Law on Premises Liability?
Under California law, anyone who owns, leases, occupies, or controls property must exercise reasonable care to keep it safe. This includes regularly inspecting the property, repairing dangerous conditions, and providing adequate warnings when hazards cannot be immediately fixed.
To establish liability, an injured person generally must show:
- You owned, leased, occupied, or controlled the property
- You were negligent in maintaining or using the property
- The person was injured
- Your negligence was a substantial factor in causing the injury
California also follows a comparative fault system. This means liability can be shared. If the injured person is partially responsible—for example, ignoring warning signs or acting carelessly—their compensation may be reduced by their percentage of fault rather than eliminated entirely.
When a Property Owner May Not Be Liable
Not every injury leads to liability. A property owner may not be responsible if:
- The hazard was open and obvious
- The owner had no reasonable opportunity to discover or fix the condition
- The injured person ignored warnings or acted recklessly
- The injured person’s own conduct was the primary cause of the accident
Each situation is highly fact-specific, which is why legal guidance is important.
What to Do If Someone Is Injured on Your Property
If someone is hurt on your property:
- Address immediate safety concerns and seek medical help if needed.
- Document the condition of the property and what happened.
- Avoid admitting fault before understanding the facts.
- Notify your insurance provider promptly.
- Speak with a personal injury attorney to understand your exposure and obligations.
If Someone Was Injured on Your Property, Gomez Trial Attorneys Can Help
Premises liability claims can involve serious injuries and significant financial exposure. Whether you are a homeowner, landlord, or business owner, understanding your rights and responsibilities is critical.
If you’re asking, “Am I liable if someone gets hurt on my property?”, a qualified attorney can help you evaluate your situation and protect your interests. Learn more about your options by speaking with our experienced San Diego personal injury lawyers.
