An injury on someone else’s property can lead to mounting medical bills, lost income, and a long list of questions, the most pressing being: who’s legally at fault?
In a premises liability case, the answer depends on several factors, including the type of property, your reason for being there, and the conditions that caused the accident.
Property owners, managers, and tenants are all expected to maintain reasonably safe environments. When they neglect that responsibility and injuries in a premises setting occur, they may be held legally accountable.
Speaking with a premises liability attorney is one of the most effective ways to figure out where you stand. In this article, we’ll outline how fault is determined in a premises liability case and what to do if you’ve been affected.
What is a Premises Liability Case?
A premises liability case involves a legal claim brought by someone who was injured because of unsafe conditions on someone else’s property. These can happen almost anywhere: grocery stores, office buildings, amusement parks, or private residences.
Common injuries in a premises liability case include:
- Broken bones from slips and falls
- Head injuries
- Assaults made possible by inadequate security
While these claims are part of personal injury law, they deal specifically with the condition of the property, and whether the owner or person in charge tried to prevent harm.
The Legal Concept of Duty of Care
To establish liability, you need to show that the property owner or occupier had a “duty of care” to keep the space reasonably safe.
The duty of care changes depending on why the injured person was on the property:
1) Invitees
Invitees are guests who are invited onto the property for business reasons, like customers at a store. The property owner owes the highest duty of care to invitees and must regularly inspect the property for hazards and fix them.
2) Licensees
These are social guests or people who enter the property for non-commercial reasons. Owners have a duty to warn licensees of known hazards but are not required to inspect for unknown ones.
3) Trespassers
Property owners usually don’t owe a duty of care to trespassers. But there are exceptions. If the trespasser is a child, or if the property includes potentially dangerous features like swimming pools or unsecured construction zones, the law may impose a higher standard.
Our competent premises liability lawyers can assess your legal status as a visitor and evaluate whether the property owner met, or failed to meet, the appropriate standard of care in your situation.
Common Examples of Premises Liability Cases
While not every accident on someone else’s property will lead to a claim, certain types of injuries in a premises setting are more likely to result in a valid premises liability case.
- Slip and fall accidents caused by wet floors, loose rugs, or uneven surfaces
- Trip hazards due to poor lighting, exposed cords, or cluttered walkways
- Falling merchandise in grocery stores or retail environments
- Dog bites or animal attacks where the owner failed to secure the animal
- Elevator and escalator malfunctions resulting from poor maintenance
- Inadequate security that contributes to assault or theft
- Broken staircases or loose railings that cause a fall
In each of these situations, the key question is whether the property owner or manager knew (or should have known) about the hazard and failed to correct it.
Who Can Be Held Legally Responsible?
The most common party held responsible is the property owner. However, they’re not always the only ones. Depending on the facts of the premises liability case, other liable parties might include:
1) Tenants or Occupiers
If a tenant leases a commercial or residential space and has control over it, they may be responsible instead of the property owner. This is common in office buildings, retail stores, and rental homes.
2) Property Management Companies
Many property owners rely on third-party management firms to handle upkeep, repairs, and security. If a management company fails in those duties and it leads to injuries in a premises, they can be named in the premises liability case.
3) Maintenance Contractors or Vendors
Janitorial services, elevator technicians, and snow removal crews are often brought in to handle specific tasks. If one of these vendors performs substandard work or ignores safety issues, their negligence can make them liable.
Proving Negligence in a Premises Liability Case
Winning a premises liability case requires more than showing that an injury took place. The law demands clear proof that the property owner, or another responsible party, was negligent.
The plaintiff must prove that:
- A duty of care existed
- That duty was breached
- The breach caused the injury
- Actual damages occurred (medical expenses, lost wages, or other financial impacts resulting from the injury)
Even when these elements are present, insurance companies may try to dispute or minimize valid claims. Under these circumstances, you can trust our premises liability attorneys to negotiate aggressively and protect your right to full compensation.
What Defenses May Be Raised?
In any premises liability case, the defense will usually challenge the claim by arguing that the property owner, tenant, or manager wasn’t negligent, or that the injured party was at least partially responsible.
1) Lack of Knowledge
The defendant may claim they had no actual or constructive knowledge of the hazard and couldn’t have reasonably discovered it before the injury occurred.
2) Open and Obvious Hazard
This defense argues that the dangerous condition was so visible that a reasonable person would have noticed and avoided it.
California follows a pure comparative fault system. If the injured party is partly responsible (wearing improper footwear, ignoring posted warnings, or failing to pay attention), their compensation will be reduced in proportion to their share of fault.
For example, if you’re found to be 25% at fault for your injuries in a premises setting, you can still recover damages, but only 75% of the total award.
Accountability Starts with Action
Premises liability law exists to hold the right parties accountable when unsafe conditions lead to preventable injuries in a premises setting. If you were hurt on someone else’s property and believe negligence played a role, don’t wait to take the next step.
At JSM Injury Firm APC, we have handled complex premises liability cases for clients across California. We know how to investigate unsafe conditions, challenge weak defenses, and present compelling evidence that supports your claim.
Reach out today for a free consultation. We’re here to guide you every step of the way.