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Premises Liability Overview

What Is Premises Liability California Laws Who to Sue Steps to Take Compensation Why Choose Fiore Legal FAQs

What Is Premises Liability?

Property owners have a legal duty to maintain their premises safely and warn visitors of any potential hazards. If a property owner fails to do so and someone is injured, the property owner can be held liable for the victim's injuries and related damages.

Premises liability refers to the legal responsibility of property owners or occupiers to ensure that their premises are reasonably safe for visitors. This includes:

  • Maintaining the property in a safe condition
  • Repairing any hazards that may exist
  • Warning visitors of any known dangers

There are several types of premises liability claims that may arise in California, including the following:

Each type of claim requires different elements to be proven to establish liability. For example, slip and fall accidents require proof that the property owner knew or should have been aware of the hazard and failed to address it. Inadequate security claims require evidence that the property owner knew or should have known about the risk of harm and failed to take reasonable steps to prevent it.

California Premises Liability Laws

California Civil Code 1714 outlines liability for injuries caused by another’s negligence. Property owners who fail to repair dangerous conditions or warn others about them are negligent if they knew or should have known about the dangers.

A California court can find that the owner was negligent in the maintenance or use of the property under these conditions:

  • There was an unreasonable risk of harm associated with a condition on the property
  • The owner knew of or should have known about it if exercised with reasonable care
  • The owner failed to remedy, prevent, or warn of the condition adequately

For example, a retail store has wet and slippery floors, creating an unreasonable hazard of slipping and falling for customers. The store owner is responsible for discovering the risk, warning customers by posting signage, and cleaning the floor to remove the spill as soon as possible. However, property owners are not liable for damages caused by minor, trivial, or insignificant defects. This principle is a trivial defect defense that could be subject to legal interpretation and requires you to prove the defect.

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Who Can I Sue When I Am Injured On Someone Else’s Property in Pasadena, CA?

The responsible party in a premises liability lawsuit is typically the property’s owner; however, you can also sue a party controlling the property, such as a property manager or store manager. Under California law, the principal is responsible for the agent’s negligence, so they are vicariously liable for the employee’s negligence. When an injury occurs, the party in charge of the property can be held responsible since they must keep all areas they control reasonably safe.

California Civil Code 1714 states that everyone is responsible for injuries incurred on properties under their management. If you choose to file a premises liability claim, you must prove the following premises liability elements to show you sustained injuries due to the property owner’s negligence:

  • The owner owned, leased, occupied, or controlled the property
  • The defendant was negligent in maintaining and using the property
  • You suffered injuries
  • The defendant’s negligence caused your injury

If a property owner is liable for damages, the injured party may be entitled to compensation for their medical expenses, lost wages, and pain and suffering.

Steps to Take After a Premises Liability Accident

To ensure the best outcome from your legal claim, take the following steps if you or someone you know has been injured in a premises liability accident:

  • Even if the injuries seem minor, it is vital to get a medical evaluation to ensure that there are no underlying injuries that could worsen over time. Delaying medical treatment could also negatively impact any potential legal claims.
  • After seeking medical attention, it is essential to document the accident scene. Take photos and videos of where the accident occurred, including any hazardous conditions, such as spills, uneven surfaces, or broken stairs. If there were any witnesses to the accident, try to get their contact information and statements about what they saw.
  • Report the incident to the property owner or manager as soon as possible. Ask for a written incident report and keep a copy for your records. If the accident occurred on public property, such as a sidewalk or park, report it to the appropriate government agency.
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What Compensation Can I Receive for My Premises Liability Case?

If you were injured because of unsafe conditions on someone else's property, you may be entitled to compensation for the losses you've suffered. The value of your claim depends on factors such as the severity of your injuries, the impact on your daily life, and the circumstances surrounding the accident. At Fiore Legal, we carefully evaluate every aspect of your case to pursue the maximum compensation available.

Depending on your case, you may be able to recover compensation for:

  • Medical expenses, including future treatment
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Rehabilitation and therapy costs
  • Permanent disability or disfigurement
  • Loss of enjoyment of life
  • Other accident-related financial losses
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Why Choose the Premises Liability Attorneys at Fiore Legal in Pasadena, California?

A serious premises liability accident can leave you dealing with painful injuries, expensive medical treatment, lost income, and an uncertain future. Our premises liability attorneys in Pasadena provide responsive, personalized representation, guiding you through every stage of your claim. While some firms lack the resources to take on complex premises liability cases and others provide little personal attention, we combine hands-on client service with the experience and determination needed to advocate for your best interests.

Our commitment to excellence has been recognized through honors such as:

  • Million Dollar Advocates Forum
  • Top 100 Lawyers in America
  • Top 10 Personal Injury Lawyers
  • Super Lawyers selections
  • Top Mediator, P.I. Hub ADR Program (Los Angeles Superior Court)

If you were injured because of hazardous conditions on someone else's property, contact us today to schedule a consultation and learn how our personal injury lawyers in Pasadena can help you pursue the compensation and accountability you deserve.

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Premises Liability FAQs

How do you prove negligence for premises liability?

What if I was partially at fault for the accident?

How long do I have to file a premises liability claim in Pasadena, CA?

How much do premises liability lawyers cost?

How do you prove negligence for premises liability?

To prove negligence in a premises liability case, you generally must show that a property owner or occupier knew or should have known about a dangerous condition, failed to address it or provide adequate warning, and that the hazard directly caused your injuries. Fiore Legal can investigate the accident, gather evidence, and build a strong claim on your behalf.

What if I was partially at fault for the accident?

You may still be able to recover compensation. California follows a pure comparative negligence rule, which means your compensation may be reduced by your percentage of fault, but you are not automatically barred from recovering damages. Our attorneys can protect your rights and work to minimize any allegations that you were responsible for the accident.

How long do I have to file a premises liability claim in Pasadena, CA?

In most cases, California law gives injured individuals two years from the date of the accident to file a premises liability lawsuit. However, exceptions may apply depending on the circumstances, especially if a government entity is involved. Contact us as soon as possible so we can protect your rights and ensure all applicable deadlines are met.

How much do premises liability lawyers cost?

Fiore Legal handles premises liability cases on a contingency fee basis. This means you pay no upfront attorney's fees, and we only get paid if we recover compensation for you. During your consultation, our team will explain our fee structure and answer any questions you have about the legal process.

Check Out This Premises Liability Blog

Lesser Known Places Where Premises Liability Accidents Happen

Common accidents in supermarkets, retail stores, and other commercial buildings include slips, trips, and falls, often caused by wet floors or loose inventory. However, these are not the only places you should exercise caution.

Read more about Lesser Known Places Where Premises Liability Accidents Happen
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