Understanding Premises Liability: When is a Property Owner Responsible?
"Slip and fall" is a term often used dismissively, but the injuries resulting from dangerous property conditions can be life-altering. In California, property owners have a legal duty to keep their premises reasonably safe. When they fail, they can be held liable.
The Core Concept: Negligence
Just because you were injured on someone else's property doesn't automatically mean they are responsible. To win a premises liability case, we must prove four key elements:
- Duty of Care: The defendant owned, leased, or controlled the property.
- Breach of Duty: The defendant was negligent in the use or maintenance of the property.
- Causation: The defendant's negligence was a substantial factor in causing your harm.
- Damages: You suffered actual injury or loss.
Common Types of Premises Cases
Slip and Falls
Caused by wet floors, spilled liquids in grocery stores, or icy walkways. The key is often proving the owner knew (or should have known) about the spill.
Trip and Falls
Resulting from uneven pavement, torn carpeting, poor lighting, or hidden hazards like loose cables.
Negligent Security
If you are assaulted in a parking lot or apartment complex due to broken gates, lack of guards, or poor lighting, the owner may be liable.
The "Notice" Requirement
This is often the battleground of premises liability cases. We must prove that the owner had "notice" of the dangerous condition.
- Actual Notice: An employee saw the spill or a customer reported it.
- Constructive Notice: The hazard existed long enough that a reasonable owner should have discovered it during routine inspections.
How We Build Your Case
At the Law Offices of Adam C. Phillips, we move quickly to preserve evidence. We send preservation letters to stop owners from deleting security camera footage. We inspect the scene, interview witnesses, and review maintenance logs to establish a pattern of negligence.
If you've been injured on someone else's property, don't assume it was just an accident. It may have been a preventable failure of safety.