Property owners in California have a legal duty to maintain reasonably safe conditions for the people who come onto their property. When that duty is breached and someone is injured, a premises liability claim may arise. Whether you were hurt in a slip and fall at a grocery store, injured by a broken staircase at an apartment complex, or attacked in a poorly secured parking lot, here is what you need to know about your rights.

The Legal Foundation: A Duty of Reasonable Care

California's general negligence statute provides that everyone is responsible for injuries caused by their failure to exercise ordinary care in the management of their property (Civ. Code, § 1714, subd. (a)). In the landmark case Rowland v. Christian (1968) 69 Cal.2d 108, the California Supreme Court rejected the rigid common-law rules that once gave owners different duties depending on whether a visitor was an "invitee," "licensee," or "trespasser." Instead, California applies a single standard: those who own, lease, occupy, or control property must act as a reasonable person would to avoid exposing others to an unreasonable risk of harm.

A visitor's status can still be relevant to whether the owner acted reasonably, but it does not determine whether a duty exists. This approach makes California one of the more favorable states for people injured on someone else's property.

What You Must Prove

To succeed on a premises liability claim, an injured person generally must establish that (CACI No. 1000):

• The defendant owned, leased, occupied, or controlled the property;
• The defendant was negligent in the use or maintenance of the property;
• The injured person was harmed; and
• The defendant's negligence was a substantial factor in causing the harm.

The Importance of Notice

In many premises cases, the central question is whether the owner knew or should have known about the dangerous condition. An owner is generally liable for a dangerous condition if the owner created it, actually knew about it, or would have discovered it through reasonable inspection (CACI Nos. 1003, 1011).

In Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, the California Supreme Court held that an injured person does not need direct evidence of exactly how long a hazard existed. Instead, notice can be shown through circumstantial evidence, such as evidence that the owner failed to inspect the premises within a reasonable time before the injury. Evidence like inspection logs, cleaning schedules, surveillance video, and employee testimony is often critical, and it should be preserved as early as possible.

Common Types of Premises Liability Claims

• Slip and fall or trip and fall accidents caused by wet floors, spills, uneven flooring, loose rugs, or debris.
• Dangerous stairs and walkways, including missing handrails, broken steps, and poor lighting.
• Inadequate security in parking lots, apartment complexes, hotels, and other businesses where criminal activity is foreseeable.
• Swimming pool accidents involving inadequate fencing, gates, or supervision.
• Falling objects in retail stores and warehouses.
• Dog bites, which in California may give rise to strict liability for the dog's owner (Civ. Code, § 3342), and in some circumstances a claim against a landlord who knew of a dangerous dog and could have prevented the harm (Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504).

Injuries Caused by Third-Party Criminal Conduct

Property owners are not automatically responsible for crimes committed by others on their property. However, a business or landlord may be liable for failing to take reasonable security measures when criminal conduct is sufficiently foreseeable. California courts weigh the foreseeability of the harm against the burden of the security measures at issue. Where the measures would be costly, such as hiring security guards, a high degree of foreseeability — often shown by prior similar incidents — is generally required (Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666; Delgado v. Trax Bar & Grill (2005) 36 Cal.4th 224; Castaneda v. Olsher (2007) 41 Cal.4th 1205). Less burdensome measures, such as repairing lighting or locks, may be required on a lesser showing.

Common Defenses

Comparative fault. Property owners frequently argue that the injured person was not watching where they were going. Under California's pure comparative fault system, an injured person who was partially at fault can still recover damages, reduced by his or her percentage of responsibility (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804).

Open and obvious conditions. An owner generally has no duty to warn of a danger that is open and obvious. However, an obvious danger does not necessarily relieve the owner of a duty to fix it when it is foreseeable that people will encounter the hazard anyway — for example, when it is the only route to an exit (Osborn v. Mission Ready Mix (1990) 224 Cal.App.3d 104).

Recreational use immunity. Owners who allow the public to use their land for recreational purposes free of charge are generally protected from liability, except for willful or malicious failure to guard or warn, injuries to people who paid for entry, and people who were expressly invited by the owner (Civ. Code, § 846).

Trespassers committing felonies. Owners are generally not liable to people injured while committing certain felonies on the property (Civ. Code, § 847).

Injuries on Public Property

Claims involving property owned by a city, county, school district, or other public entity are governed by special rules. A public entity may be liable for a dangerous condition of its property if the condition created a reasonably foreseeable risk of the type of injury that occurred, and the entity either created the condition or had actual or constructive notice of it in time to take protective measures (Gov. Code, §§ 835, 835.2). Public entities are not liable for conditions that are trivial or insignificant (Gov. Code, § 830.2).

Most importantly, before suing a public entity, an injured person generally must present a written government claim within six months of the injury (Gov. Code, § 911.2). Missing this deadline can permanently bar the claim.

Deadlines for Filing

For claims against private property owners, a personal injury lawsuit generally must be filed within two years of the injury (Code Civ. Proc., § 335.1). As noted above, claims against public entities carry a much shorter six-month claim deadline.

What to Do If You Are Injured on Someone Else's Property

• Seek medical attention promptly and follow your treatment plan.
• Report the incident to the owner, manager, or landlord, and request a copy of any incident report.
• Photograph the hazard, the surrounding area, lighting conditions, and your injuries before conditions change.
• Keep the shoes and clothing you were wearing.
• Collect names and contact information for witnesses.
• Avoid giving recorded statements to the property owner's insurance company before speaking with an attorney.
• Contact an attorney quickly so that surveillance footage and other evidence can be preserved before it is lost or overwritten.