Premises Liability in CA: Your Guide to Filing a Claim

Have you ever walked into a store and felt that sinking feeling as you slipped on a wet floor, a floor without any warning signs? It’s a moment that changes everything. That’s when premises liability comes into play. The legal principle holds property owners accountable for injuries caused by unsafe conditions on their property.

If you or a loved one were injured on someone else’s property in California, you may be entitled to compensation. Property owners have a legal duty to maintain safe conditions and can be held accountable when their negligence leads to injuries.

In this guide, we’ll explain what is a premises liability case, common types of claims, key legal requirements, and how the best Los Angeles personal injury attorney can help maximize your compensation.

What is a Premises Liability Case?

Premises liability refers to a property owner’s legal responsibility for injuries due to unsafe conditions on their property. This applies to public and private property owners, including businesses, landlords, and homeowners.

Key Elements of a Premises Liability Claim

To have a valid premises liability case, the injured party must prove:

1. The property owner had a duty of care 
2. They breached this duty
3. The breach caused your injury
4. You suffered injuries or damages 

Common Premises Liability Accidents & Who’s Liable

Premises liability cases cover a wide range of accidents, including:

• Slip and Fall Accidents – Wet floors, uneven sidewalks, or poorly lit stairwells.
• Negligent Security – Assaults or attacks in parking garages or apartment complexes with inadequate lighting or security.
• Swimming Pool Accidents – Drownings or injuries due to lack of proper fencing or maintenance.
• Dog Bites – Owners may be liable for attacks that occur on their property.
• Falling Objects – Injuries caused by unsecured merchandise in stores.

Depending on the situation, liable parties may include property owners, business operators, landlords, or even government agencies responsible for public spaces.

Legal Criteria to Have a Valid Premises Liability Claim

Not all injuries qualify as premises liability claims. To establish premises liability, you must meet the following criteria:

1. Duty of Care: The property owner was legally responsible for maintaining a safe environment.
2. Breach of Duty: They failed to meet this responsibility.
3. Causation: Their failure directly caused your injuries.
4. Damages: You suffered measurable losses, such as medical expenses and lost wages.
5. Statute of Limitations: You filed your claim within the legally required timeframe.

For example, if a supermarket fails to clean up a spilled liquid for hours and a customer slips and falls, the store may be held responsible.

How to Prove Negligence in a Premises Liability Case

Proving negligence in premises liability cases requires strong evidence to show that the property owner failed their duty of care. Key factors include:

• Hazardous Conditions – Poor maintenance, structural defects, or failure to follow safety codes.
• Prior Complaints – If other people reported the issue before your accident.
• Lack of Warning Signs – No posted notices about potential dangers.

Our award-winning Los Angeles personal injury attorney can help gather and present evidence to strengthen your claim.

Key Evidence Needed to Win Your Case

Building a strong premises liability case depends on gathering solid evidence. Property owners and insurers often minimize responsibility, so having proof of the hazardous condition and its impact on you is crucial. Below are key types of evidence that strengthen your claim.

1. Photos & Videos of the Hazard

Visual evidence is powerful in proving premises liability. Immediately after the accident, document:

• The hazardous condition that caused your injury (e.g., wet floors, broken stairs).
• The accident scene from different angles.
• Your injuries and any missing warning signs.

Time-stamped videos are especially useful in showing how long the hazard existed before being addressed.

2. Witness Statements & Contact Info

Eyewitnesses can confirm your version of events. Collect:

• Written or recorded statements from those who saw the accident.
• Their contact details for future testimony.
• Any photos or videos they may have taken.

Independent witnesses provide unbiased support to counter property owners’ defenses.

3. Medical Records & Injury Documentation

Seeking immediate medical care establishes a link between the accident and your injuries. Essential records include:

• Doctor’s diagnosis connecting your injuries to the accident.
• X-rays, MRIs, or scans showing internal damage.
• Medical bills detailing treatment costs.
• Doctor’s notes on how the injury impacts daily life.

Delaying treatment can weaken your case, as insurers may argue your injuries were minor or unrelated.

4. Accident Reports & Property Owner Records

If your accident happened in a business or rental property, report it immediately to:

• Store managers, landlords, or property owners for an incident report.
• Law enforcement for a police report (especially for serious injuries).
• Paramedics, whose reports can provide critical injury assessments.

These official reports serve as key evidence of the incident.

5. Security Camera Footage & Digital Evidence

Surveillance footage can prove liability by showing the following:

• The hazard before and during the accident.
• The property owner failed to fix it in time.
• The severity of your fall or injury.

Act quickly—many businesses delete security footage within days. A personal injury attorney can request the preservation of this evidence.

6. Proof of Negligence & Lack of Maintenance

Long-term neglect can strengthen your claim. Useful evidence includes:

• Past complaints about the same hazard.
• City code violations or safety citations.
• Maintenance records showing poor upkeep.
• Emails or notices proving the hazard were reported but ignored.

If you don’t collect evidence immediately, property owners may fix the hazard and deny responsibility later.

5 Steps to Take After Being Injured on Someone Else’s Property

If you were injured on someone else’s property, follow these steps to protect your claim:

1. Seek Medical Attention – Even minor injuries can worsen over time.
2. Report the Incident – Notify the property owner or manager.
3. Gather Evidence – Take photos and get contact info from witnesses.
4. Keep Medical Records – Document all treatments related to your injuries.
5. Consult a Premises Liability Lawyer – An attorney can help navigate legal complexities.

Compensation You May Be Entitled To in a Premises Liability Case

Victims of premises liability accidents may recover damages for:

• Medical Bills – Current and future treatment costs.
• Lost Wages – If injuries prevent you from working.
• Pain & Suffering – Physical and emotional trauma.
• Rehabilitation Costs – Therapy or long-term medical care.

Farahi Law Firm’s Los Angeles personal injury attorney can negotiate with insurance companies to ensure you receive maximum compensation.

Can Premises Liability Claims Be Denied? What to Do Next

Insurance companies often try to deny premises liability claims by arguing:

• The victim was partially at fault for the accident.
• The hazard was “open and obvious,” and they should have avoided it.
• The property owner was unaware of the danger.

If your claim is rejected, legal representation can help you fight back.

The Role of a Personal Injury Attorney in Premises Liability Cases

Our Los Angeles personal injury attorney can:

• Investigate the accident and gather crucial evidence.
• Negotiate with insurance companies for fair compensation.
• Represent you in court if needed.

At Farahi Law Firm, we have a track record of securing maximum settlements for injured victims.

Protecting Your Rights After a Premises Liability Injury

You have legal rights if you suffered an injury due to unsafe conditions on another person’s property. Understanding premises liability laws and taking immediate action can help secure the compensation you deserve.

Contact our award-winning personal injury attorney at Farahi Law Firm today for a FREE case evaluation. Let us fight for the medical treatment you need and the money you deserve.