Catastrophic Injury · Premises
California Premises Liability Attorney
Civil representation for people seriously injured on someone else's property in California — retail stores, hotels, restaurants, parking lots, apartment complexes, public buildings, swimming pools.
Property owners owe a duty of reasonable care to all who enter.
California's premises liability framework
California abolished the historical "invitee/licensee/trespasser" categories in Rowland v. Christian, 69 Cal.2d 108 (1968), and now applies a unified reasonable care standard. A property owner or possessor owes a duty of reasonable care under the circumstances to all persons who enter the property. Whether a duty was breached depends on factors including foreseeability of harm, certainty of injury, closeness of the connection between the conduct and injury, moral blame, policy of preventing future harm, burden on the defendant, and availability of insurance.
Common case categories
- Slip and fall — wet floors, spills, ice, defective walking surfaces, inadequate warning
- Trip and fall — uneven sidewalks, broken pavement, transition hazards
- Inadequate security — assaults in parking lots, hotels, apartment complexes where prior similar incidents made the harm foreseeable (Ann M. v. Pacific Plaza Shopping Center, 6 Cal.4th 666)
- Swimming pool injuries — drownings, diving injuries, defective pool equipment
- Defective stairs and railings — building code violations, inadequate handrails, riser/tread irregularities
- Falling object injuries — improperly stocked shelves, falling signage
- Dog attacks on premises — overlap with our Dog Attack page
Notice — actual and constructive
Most premises cases turn on whether the defendant had notice of the dangerous condition:
- Actual notice — the defendant knew about the condition (employee saw it, complaint was logged)
- Constructive notice — the condition existed long enough that a reasonable inspection should have discovered it
Government-property cases — different rules
Premises liability against public entities (cities, counties, state) is governed by Cal. Gov't Code § 835 ("dangerous condition of public property"). The plaintiff must prove the property was in a dangerous condition, the defendant knew or should have known of it, and the entity failed to take reasonable steps to protect against the danger. A claim must be presented to the entity within six months (Cal. Gov't Code § 911.2) before suit.
Damages
Range from modest to catastrophic depending on the injury. Recoverable damages include past and future medical expenses, lost earnings, lost earning capacity, pain and suffering, and life-care needs for severe injuries. Inadequate-security cases involving assault may also support punitive damages where the defendant's conduct was sufficiently reckless.
Common Questions
I slipped at a grocery store. Do I have a case?
Maybe. Slip-and-fall cases turn on (1) the existence of a dangerous condition (e.g., spilled liquid), (2) the store's notice of the condition (actual or constructive), and (3) the store's failure to take reasonable steps to address it. Quick-spill cases can be hard; long-standing-hazard cases are more provable. We evaluate the facts.
I was assaulted in an apartment parking lot. Can I sue the landlord?
Possibly, where there is evidence the landlord knew or should have known of prior similar incidents and failed to take reasonable security measures (lighting, security personnel, controlled access, etc.). The leading case is <em>Ann M. v. Pacific Plaza Shopping Center</em>, 6 Cal.4th 666.
I was injured at a city park. Different rules?
Yes. Government-defendant cases require a claim presentation within six months (Cal. Gov't Code § 911.2). The substantive standard (Cal. Gov't Code § 835 — "dangerous condition of public property") is different from private premises liability. These cases are doable but procedurally strict.
Does signing a waiver bar my claim?
Sometimes, sometimes not. Pre-injury waivers are enforced for ordinary negligence in California in many recreational contexts, but they generally do not bar claims for gross negligence, intentional conduct, or violation of statutory duties. We evaluate every waiver case-by-case.
How common are serious fall injuries?
Falls put over 800,000 Americans in the hospital every year, most often for head injuries and hip fractures (CDC). On commercial property, the legal battle is notice: did the owner know — or should they have known — about the hazard?
What is “notice” and why does it decide slip-and-fall cases?
Owners are liable for hazards they created, knew about, or should have discovered through reasonable inspection (constructive notice). Sweep logs, inspection schedules, and gaps in surveillance retention become the battleground evidence.
The store says the hazard was “open and obvious.” Does that end my case?
No. Open-and-obvious reduces but rarely eliminates a claim under California's comparative-fault system, and owners must still address hazards people will foreseeably encounter — distracted shoppers, unavoidable paths. It is an argument, not a bar.
How fast should surveillance video be requested?
Immediately. Most retail systems overwrite footage within days to weeks. A written preservation demand sent within days of the incident is often the difference between proof and a swearing match — we send one as a first step in every premises case.
Can a tenant's guest sue a landlord?
Yes, where the injury traces to a condition the landlord controlled or should have addressed — broken stairs, missing lighting, inoperable locks that enable assaults (negligent security). Control and notice, not the lease, define the duty.
For a confidential review of your case:
“The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury.”
Chief Justice John Marshall · Marbury v. Madison (1803)
Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not create an attorney–client relationship; that relationship is formed only by a written agreement signed after we evaluate the matter for conflicts and merit. Past results do not guarantee future outcomes. Statutory citations are illustrative; the legal framework applicable to a specific case depends on the facts. The Law Offices of David L. Milligan, APC is licensed in California.