California Premises Liability FAQ

Premises liability in California is a legal theory that states property owners and business owners (and sometimes land occupiers or renters) can be liable for accidents and injuries that occur on their property. These types of cases can be complex, and so naturally many questions can arise when a situation occurs. Here, we provide answers to frequently asked questions our clients have when they first visit our office. 

At The Law Office of Shawn Golshani | Shawn Gol Law, P.C., our premises liability attorney, along with our team, in Los Angeles can help. Contact us at (310) 900-0809 

What does it mean to be a visitor, licensee, or trespasser on a property?

Liability in premises liability cases depends in large part on the status of the injured party because it's the status that helps determine if the property owner owed a duty and, if so, what that duty entails. 

Invitees are individuals who are invited to be on the property of the owner. The property owner owes the highest amount of duty to invitees. To determine whether you are an invitee or not, consider if the property owner would expect you on the property. For example, an owner of a grocery store would expect you to enter the land/store to purchase goods.

Licensees are individuals who enter upon the property of another to visit for personal reasons. Licensees are typically asked to come and are friends or relatives. Property owners (including renters) are required to keep the premises reasonably safe but the standard is not as high as it is for invitees and property owners.

Trespassers are individuals entering the property of another without authorization. Property owners generally do not owe a duty of care to trespassers, but there are exceptions. 

Are premises liability and negligence the same in California?

Premises liability is a legal theory that refers to a property owner's liability when someone is injured on their property. For an injured party to be successful and recover compensation, they usually show fault. Negligence is the legal standard to prove fault and identify liability. Under negligence, it must be shown that property owners failed to follow state-specific rules to keep property safe and because of the latter, you were injured.

Premises liability, therefore, is a form of negligence dealing specifically with property and property owners rather than, for example, medical malpractice, which is a negligence case too dealing specifically with medical professionals and patients.

What does a dangerous condition mean in California?

When a property owner is legally at fault for another person's injury, this type of claim or lawsuit is known as premises liability cases. Under these types of cases, the plaintiff must typically show that:

  1. A dangerous condition existed on the property
  2. The property owner knew or should have known about it.
  3. The dangerous condition caused the injury.

A dangerous condition is any condition on or of property that creates a substantial risk of injury when the property is used with due care in a manner that is reasonably foreseeable. Substantial is distinguished from conditions on the property that may be minor, trivial, or otherwise insignificant and do not pose a risk of harm when care is taken and the property is used in a way that is reasonably foreseeable.

How does California define attractive nuisance?

Trespassers are not treated the same as visitors and licensees on a property. The general rule is that property owners usually owe no duty of care to trespassers, but exceptions exist. Attractive nuisance is one such exception. 

When a child trespasses onto another property and is injured because of an attractive nuisance, the property owner may be held liable. Most jurisdictions require that the property owner knew or should have known that a child might be attracted to the “nuisance.” Attractive nuisances are conditions on a property that might excite or entice a child to trespass. Examples include swimming pools or other bodies of water, construction areas, or playground equipment. The property owner has a duty to take all possible precautions to prevent the child from accessing these so-called attractive nuisances in order to avoid liability.

Who is responsible when someone is injured at another person's home in California?

Property owners in Los Angeles have a duty to maintain their property in a manner that permits safe use by others. Under premises liability, a breach of this duty might make property owners accountable for accidents on their property. When the injury occurred at someone's home, possible responsible parties can include:

  • Homeowners
  • Renters
  • Property management companies

Responsibility depends on the status of the injured party as a licensee, invitee, or trespasser, and the circumstances causing the injury, like dangerous conditions. 

Who is responsible when someone is injured at a hotel, store, restaurant, or another establishment in California?

Commercial property owners and business owners or employers must uphold the highest standard of care for their guests (i.e., invitees). They are usually responsible for injuries that occur on the property. Other parties may also be responsible, depending on the facts and circumstances. Third-party vendors, contractors, or even employees or other private persons may be responsible if they cause a dangerous condition to exist on the property and then someone is injured because of that dangerous condition. 

Government entities and public actors can also be responsible for injuries if it occurs on public property.

I was assaulted in California. Is the property owner responsible?

First and foremost, the person committing an assault is almost always a responsible party in an assault injury. Not only is assault a crime in all jurisdictions, but victims can sue in civil court for damages. 

The person who committed the assault, however, might be the only one criminally responsible for it, but others might also be civilly responsible. Property owners, business owners, or occupiers and renters can be liable for assaults or attacks on their property if they fail to take reasonable steps to prevent foreseeable criminal acts. Additionally, for some properties, like hotels and apartment complexes, adequate security is required to prevent assaults and other criminal acts.  

Do I really need to hire a premises liability lawyer in Los Angeles?

Premises liability cases can be difficult cases. A premises liability lawyer in California can help. 

Speak to a Premises Liability Attorney in California Today

If you've been injured while on someone else's property and you believe they are responsible for your injuries, you might have a viable premise liability suit. At The Law Office of Shawn Golshani | Shawn Gol Law, P.C., our premises liability lawyer, along with our team, in Los Angeles can help. Call (310) 900-0809 or fill out an online form today to schedule a Free Case Evaluation.

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