Premises Liability: When Property Conditions Cause Injuries

Property owners and occupiers have legal duties to maintain their premises in reasonably safe condition. When dangerous conditions cause injuries to visitors, premises liability law may provide a basis for compensation.

The Duty of Care

In California, property owners and occupiers owe a duty of ordinary care to maintain their property in a reasonably safe condition. This includes:

• Inspecting the property for dangerous conditions
• Repairing known hazards
• Warning visitors of dangers that cannot be immediately fixed
• Protecting visitors from foreseeable criminal acts in some circumstances

Common Premises Liability Scenarios

Slip and Fall Accidents

Among the most common premises liability claims, these involve:

• Wet or slippery floors
• Uneven walking surfaces
• Poor lighting
• Debris or obstacles in walkways
• Weather-related hazards (ice, snow)

Inadequate Security

Property owners may be liable when foreseeable criminal acts cause injury due to:

• Broken locks or security systems
• Inadequate lighting in parking areas
• Failure to address known criminal activity
• Insufficient security personnel in high-risk areas

Swimming Pool Accidents

Pool owners face specific duties including:

• Proper fencing and gate requirements
• Adequate supervision
• Safe pool conditions and equipment
• Compliance with building codes

Dog Bites on Property

Property owners may be liable for injuries caused by dogs on their property, even if they don't own the dog, if they knew or should have known of the danger.

Types of Visitors and Duty Owed

While California has moved toward a unified standard of care, the visitor's purpose on the property can still be relevant:

Invitees (Business Visitors)

People invited onto property for business purposes (customers, clients) are owed the highest duty of care.

Social Guests (Licensees)

People invited for social purposes are owed a duty of care regarding known dangers.

Trespassers

Property owners generally owe limited duties to trespassers, though special rules protect child trespassers under the "attractive nuisance" doctrine.

Elements of a Premises Liability Claim

Generally, premises liability claims require proving:

• The defendant owned, leased, or controlled the property
• A dangerous condition existed on the property
• The defendant knew or should have known about the condition
• The defendant failed to take reasonable steps to address it
• The dangerous condition caused the plaintiff's injury

Notice Requirements

A critical issue in premises liability cases is whether the property owner had "notice" of the dangerous condition:

• Actual notice: The owner directly knew about the hazard
• Constructive notice: The hazard existed long enough that the owner should have discovered it through reasonable inspection

Documentation Considerations

Evidence commonly relevant to premises liability claims includes:

• Incident reports filed with the property
• Photographs of the hazardous condition
• Witness statements
• Surveillance footage
• Maintenance and inspection records
• Prior complaints about the same hazard