In California, commercial and residential property owners have a legal responsibility to maintain their property in a reasonably safe condition, as well as warn patrons, guests, and other lawful visitors of any hazards that may not be immediately obvious. If an owner fails to do this and someone gets hurt, they (or another Premises Liability Book and Gavelparty) could find themselves liable for the victim's injuries and other damages.

This is the basic concept behind premises liability—a complex and complicated area of civil law you'll have to navigate in order to recover fair compensation. Fortunately, at the Inland Empire Law Group, our exceptional and highly experienced personal injury attorneys can help you explore your options, and guide you each and every step of the way.

Premises Liability Basics

If you were hurt on another person's property, here's what you should know before filing a premises liability claim or lawsuit:

  • Statute of limitations. For private property, you have two years from the date of the premises liability incident to file a lawsuit seeking compensation for damages. If the injury occurred on public property, the time to make a claim is only six months following the injury.  Failing to file within the appropriate time frame forfeits your right to pursue a legal remedy.  Don't let this happen to you.  Contact us well in advance of any possible deadline so we can get to work building a winning case.
  • Comparative fault. Did your own actions contribute to your accident? Maybe or maybe not.  We look carefully at the circumstances to make sure we minimize the possibility the defense can reduce your right to recovery.  Thanks to California's comparative negligence laws, the mere fact there may be some comparative fault, it won't necessarily prevent you from receiving compensation.  California law merely reduces the financial award based upon the percentage of fault attributable to you for the injury.  

Common Types of Premises Liability Cases

  • Slips and falls
  • Dog bites and animal attacks
  • Swimming pool accidents
  • Negligent security claims
  • Dangerous stairways
  • Restaurant accidents
  • Hotel injuries

Potentially Liable Parties and What You Could Recover

An accident on someone else's property can leave you injured, out of work, and worried about how to pay the resulting medical debts and other expenses. Our team can help you fight to hold the at-fault party responsible, regardless of whether they're a:

  • Property owner
  • Manufacturer of a dangerous or defective part
  • Security company
  • Independent contractor
  • Other defendant

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

  • All related medical expenses
  • Lost wages
  • Loss of earning capacity
  • Physical pain and suffering
  • Psychological trauma
  • Other economic and non-economic losses

Proving a Premises Liability Claim

You—and your attorney—have to prove the following elements in order to recover compensation in a premises liability case:

  • A dangerous condition existed on the property in question
  • The property with said dangerous condition was owned or controlled by the defendant
  • The defendant knew, or should have known about the dangerous condition but failed to satisfactorily repair it or provide a warning
  • You were injured as a result of this dangerous condition

Helpful Evidence in a Premises Liability Case

  • Security camera footage of the accident
  • Photos of the scene where the incident occurred (including photos of any visible hazards)
  • Photos of your injuries
  • Medical records (including the results of imaging and diagnostic tests)
  • Medical bills or receipts
  • Receipts or invoices for other accident-related expenses
  • Documentation of the dangerous condition
  • Eyewitness testimony
  • Expert testimony

Too injured to chase down the necessary evidence for your case? Don't worry—we can help.

Premises Liability Defenses

The attorney you hire to represent you in your premises liability matter should be well-versed in the common defenses used in these cases—and how to overcome them. Brace yourself for the defense claiming things like:

  • They didn't know about the dangerous condition
  • They repaired the hazardous condition
  • They're not responsible for property repair and maintenance
  • You were solely responsible for the accident and your injuries

Talk to Us About Your California Premises Liability Case

Don't get stuck holding the bag for injuries caused by someone else's negligence. Contact the Inland Empire Law Group today to request an appointment for a free initial case consultation to find out what we can do for you.


David Ricks
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Rancho Cucamonga Personal Injury Lawyer Serving the Inland Empire Community