Premises Liability Attorney
Injured on someone else’s property in California? We fight to hold negligent property owners accountable and get you the compensation you deserve. Fight insurance claims and property owners to get full recovery
Expert Premises Liability Personal Injury Attorneys
Premises liability cases arise in all kinds of places across California—grocery stores, apartment complexes, hotels, construction sites, office buildings, and even private homes. Our legal team understands how to investigate these complex cases, prove fault, and recover damages for victims suffering from slips, falls, falling objects, broken handrails, dog bites, and other dangerous conditions.
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Personal Injury Attorneys For Premises Liability in California
Written by Daniel Benji, Esq. head attorney of Benji Personal Injury Accident Attorneys A.P.C.
“When property owners cut corners, we make sure the people they harm don’t pay the price.”
- Understanding Premises Liability in California
- Premises Liability Incidents Can Happen Anywhere in California
- Actual vs. Constructive Notice in California Law
- Common Types of Premises Liability Cases We Handle
- Preserving Evidence is Key to a Strong Claim
- Get Trusted Representation From Experienced California Premises Liability Attorneys
- Premises Liability FAQs
Every Californian has the right to expect safety when entering someone else’s property—whether it’s a grocery store in Los Angeles, a hotel in San Diego, or a neighbor’s home in Riverside County. But when property owners fail to maintain safe conditions or ignore obvious hazards, serious injuries can result. If you were harmed because of unsafe premises, you may be entitled to financial compensation under California law.
At Benji Personal Injury, we help clients across California pursue justice in premises liability cases. Whether your accident occurred in a commercial setting, a private residence, or a public facility, our attorneys investigate the details, prove fault, and fight to recover the compensation you deserve.
Under California’s premises liability law, property owners, landlords, tenants, and businesses are legally obligated to maintain reasonably safe conditions for visitors, customers, and guests. This includes fixing dangerous conditions, performing regular inspections, and warning people of known hazards. When they fail to do so and someone is injured, they can be held financially responsible.
To win a premises liability claim, the injured party must show that:
- The defendant owned, leased, occupied, or controlled the property
- The defendant was negligent in using or maintaining the property
- The plaintiff was harmed as a result
- The defendant’s negligence was a substantial factor in causing the harm
Negligence may involve anything from failing to clean a spill, repair broken handrails, or post signs around known hazards like construction zones, wet floors, or faulty stairs. Even if the owner didn’t directly know about the danger, California law allows victims to hold them liable if they should have known through proper inspections—this is called constructive notice.
Injuries due to unsafe property conditions happen across every region of California, from dense urban centers to suburban neighborhoods. Our firm has handled claims involving:
- Commercial properties: Restaurants, supermarkets, shopping malls, gyms, nightclubs, hotels, apartment complexes, amusement parks, and more
- Private residences: Homes, rental properties, and vacation homes where guests were injured
- Public spaces: Sidewalks, public parks, libraries, parking structures, and government buildings
- Construction zones: Where negligent site management or poor signage led to injury
Regardless of where the incident occurred, we perform a deep investigation of the scene, request building maintenance records, and gather evidence that shows what the property owner knew or should have known at the time of the accident.
California distinguishes between actual notice (the property owner knew about the hazard) and constructive notice (they should have known). Constructive notice is often the key in proving negligence. For example:
- A spilled liquid in a grocery store aisle that remained uncleaned for over an hour may indicate the store failed to conduct reasonable inspections
- Broken stairs in an apartment building that tenants had complained about but were never fixed may prove the owner ignored known risks
- Lack of proper lighting in a parking lot leading to a fall could be seen as a foreseeable and preventable hazard
Our legal team knows how to build these timelines and present compelling evidence under California’s legal standards for premises liability.
Benji Personal Injury Attorneys represents clients throughout California who’ve been injured due to:
- Slip and falls on wet or uneven surfaces
- Trip and falls on loose rugs, broken pavement, or exposed cords
- Dog bites and animal attacks on private or commercial property
- Falling objects from store shelves or construction areas
- Broken railings, loose stairs, or unsafe balconies
- Elevator and escalator malfunctions
- Swimming pool accidents, including drownings and unsafe pool decks
- Exposure to hazardous conditions, such as mold, carbon monoxide, or chemical fumes
No matter the cause, we’ll determine who was responsible, whether that’s a property owner, a property manager, a commercial tenant, or a maintenance contractor. We then fight to recover compensation for your medical bills, lost income, pain and suffering, and more.
The outcome of your case often depends on how quickly you act. Important evidence can disappear in a matter of days. If you’ve been injured, we recommend taking the following steps:
- Take photos of the hazard, your injuries, and the surrounding area
- Get contact info for any eyewitnesses
- File an incident report with the property owner or manager
- Seek medical attention and keep all records
- Preserve your clothing and shoes if they were involved in the fall or accident
- Contact a California premises liability lawyer before evidence is lost or altered
We’ll step in immediately to request surveillance footage, inspect the property, interview witnesses, and obtain maintenance records to build the strongest possible case.
Premises liability cases can be highly technical and often involve large insurance companies or corporate property owners who will fight hard to avoid paying. At Benji Personal Injury, we’re not afraid to go up against them. We serve clients across California—including in Los Angeles County, Orange County, San Diego County, Riverside County, San Bernardino County, Ventura County, and beyond.
We handle every case with urgency and care, because we know the toll these injuries can take on your health, finances, and future. Let us hold the negligent parties accountable while you focus on recovery.
What qualifies as a premises liability case in California?
A premises liability case arises when a person is injured due to a dangerous or defective condition on someone else’s property. Under California law, owners and occupiers have a legal duty to maintain reasonably safe premises. If they fail to fix, inspect, or warn about a hazard and someone gets hurt, they may be held financially responsible for the injuries.
Do I need to prove the property owner knew about the hazard?
Not always. You can prove either actual notice (they knew) or constructive notice (they should have known through reasonable inspections). California courts often look at how long the hazard existed, whether the owner followed inspection protocols, and if warning signs were present.
What types of properties can be involved in these claims?
Premises liability claims can occur in nearly any setting, including:
- Commercial businesses (e.g., grocery stores, malls, restaurants)
- Private homes and rental properties
- Public parks or sidewalks
- Apartment complexes
- Hospitals and nursing homes
- Construction sites
What damages can I recover in a California premises liability lawsuit?
You may be entitled to compensation for:
- Medical expenses (past and future)
- Lost wages and loss of earning potential
- Pain and suffering
- Emotional distress
- Out-of-pocket costs related to the injury
- In serious cases, long-term disability or disfigurement
How long do I have to file a claim in California?
California’s statute of limitations for most personal injury cases, including premises liability, is two years from the date of the injury. If the property is publicly owned (such as a government building or public sidewalk), you may need to file a claim with the city or county within just six months.
What if I was partially at fault for the accident?
California follows a pure comparative negligence rule. That means you can still recover damages even if you were partially responsible for the incident your compensation will simply be reduced by your percentage of fault. For example, if you’re found 20% at fault and your damages total $100,000, you may still recover $80,000.
Is a slip and fall always enough for a lawsuit?
Not necessarily. The fall must result from an unsafe condition the property owner negligently failed to address. Simply falling on someone’s property isn’t enough, you must prove that the fall was caused by negligence, such as uncleaned spills, broken stairs, or lack of signage.
What if the hazard was obvious, can I still file a claim?
It depends. California courts consider whether a reasonably careful person would have seen and avoided the hazard. However, just because something was visible doesn’t automatically shield the property owner. Factors like lighting, distractions, and signage are taken into account.
Do I need a lawyer for a premises liability case?
Premises liability cases often involve complex evidence, detailed legal standards, and aggressive insurance defense teams. Working with an experienced attorney improves your chances of recovering full compensation, especially when proving notice, negligence, or estimating future medical costs.
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