Premises Liability: When Property Owners Are Held Responsible

When you walk into a store, visit a friend's apartment, or grab dinner at a restaurant, you expect the space to be safe. Unfortunately, dangerous conditions exist, and accidents happen. If you slip, trip, or fall because a property owner failed to keep their space safe, you might have a premises liability case on your hands. This legal concept holds owners accountable for harm caused by their negligence. 

Before diving into the details of these claims, it is important to know who can help if you're injured. Led by Attorney Andrew Antaramian, Antaramian Law, APC, provides legal assistance in premises liability cases across California, including Los Angeles, Riverside, San Bernardino, Orange, Ventura, and Kern Counties. Attorney Andrew Antaramian spent nearly a decade defending insurance companies. Now, he uses that insider knowledge to fight for injured individuals, not big corporations. 

If you're considering filing a premises liability claim, you need an experienced attorney who understands local courts and can negotiate with insurance adjusters on your behalf. Attorney Andrew Antaramian strives to protect his clients' rights and pursues fair compensation for medical bills, lost wages, and pain and suffering. 

What Exactly Is Premises Liability?

Premises liability is a specific area of personal injury law. It deals with injuries caused by unsafe or defective conditions on someone's property. Just because you get hurt on someone else's land doesn't automatically mean they are liable. The key factor is negligence. To win a claim, you must prove the property owner knew—or should have known—about the danger and failed to fix it or warn visitors. 

This concept applies to many types of properties. It covers private homes, apartment complexes, retail stores, restaurants, office buildings, and even public spaces like parks or sidewalks (though suing government entities involves different rules). The core idea remains the same: owners have a duty of care to keep their property reasonably safe for those legally allowed to be there. 

Common Types of Premises Liability Cases

Most people think of slip-and-fall accidents when they hear about premises liability. While these are common, the category is much broader. Here are several scenarios that often lead to legal action: 

• Slip-and-fall accidents: Wet floors, icy walkways, or spilled liquids in grocery stores are frequent causes. 

• Trip and fall: Uneven pavement, torn carpeting, loose electrical cords, or poor lighting can cause someone to trip. 

• Negligent security: If a property owner fails to provide adequate security (like lighting, cameras, or guards) in an area known for crime, and a visitor is assaulted, the owner might be liable. 

• Dog bites: In California, owners are strictly liable for any dog bite, regardless of the dog's history. 

• Swimming pool accidents: Unsecured gates or a lack of supervision can lead to tragic accidents, especially involving children. 

• Elevator and escalator accidents: Poor maintenance can lead to mechanical failures that cause injury. 

• Falling objects: Items falling from shelves in big-box stores can cause severe head trauma. 

Understanding California Premises Liability Laws

California law regarding premises liability is grounded in the concept of "reasonable care." The state does not strictly categorize visitors as invitees, licensees, or trespassers in the same rigid way some other states do. Instead, California Civil Code 1714 states that everyone is responsible for an injury caused to another by their want of ordinary care or skill in the management of their property. 

In simple terms, a jury or judge will look at whether the property owner acted reasonably under the circumstances. They will consider several factors: 

• The likelihood of injury: How probable was it that someone would get hurt? 

• The seriousness of the injury: How bad could the injury be? 

• The burden of reducing the risk: How hard or expensive would it have been for the owner to fix the problem? 

• Control over the property: Did the owner have control over the dangerous condition? 

The "Notice" Requirement

A major hurdle in these cases is proving "notice." You usually must show that the owner had either actual or constructive notice of the hazard. 

• Actual notice: The owner knew about the problem. For example, a store employee saw a spill and ignored it, or a customer complained about a loose railing, and no one fixed it. 

• Constructive notice: The owner should have known. This applies if the dangerous condition existed long enough that a reasonable person taking care of the property would have discovered it. For instance, if a banana peel sat on a supermarket floor for two hours, the store should have found it during routine inspections. 

Comparative Negligence in California

California follows a "pure comparative negligence" rule. This means that even if you were partially at fault for your accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault. 

Imagine you were texting while walking and didn't see a wet floor sign, then slipped. The court might find you 40% at fault for not paying attention, and the store 60% at fault for the slippery surface. If your damages total $100,000, you would receive $60,000. This rule allows victims to seek justice even if they weren't perfectly careful, but it also gives insurance companies an angle to fight back. They will often argue that you were distracted or wearing improper shoes to shift the blame onto you. 

Why These Cases Are Challenging

Proving a premises liability claim is rarely straightforward. Evidence disappears quickly. A puddle dries up, a broken step gets fixed, or surveillance footage gets deleted. This is why acting fast is so important. 

Furthermore, property owners and their insurance carriers fight these claims aggressively. They might argue the condition was "open and obvious," meaning you should have seen it and avoided it. They might claim they didn't have enough time to discover the hazard. Without strong evidence—like photos of the scene, witness statements, maintenance logs, and incident reports—it becomes a case of your word against theirs. 

Medical documentation is also a key component. You must link your injuries directly to the accident. If you wait too long to see a doctor, the defense will argue your injuries aren't serious or were caused by something else entirely. 

What to Do After an Accident

If you are injured on someone else's property, taking the right steps immediately can protect your potential claim. 

1. Seek medical attention: Your health is the priority. Go to the ER or urgent care if needed. This also creates a medical record of your injuries. 

2. Report the incident: Tell the property owner, manager, or landlord immediately. Ask them to create a written report and request a copy. 

3. Gather evidence: Take photos of the dangerous condition, your injuries, and the surrounding area. Do this before anyone cleans up or fixes the issue. 

4. Get witness info: If anyone saw what happened, get their name and phone number. 

5. Save everything: Keep the shoes and clothes you were wearing. Do not wash them if they have substances on them. 

6. Do not give a statement: Insurance adjusters may call you quickly. Do not give a recorded statement until you speak with a lawyer. They can twist your words to hurt your case. 

Premises Liability Attorney in Los Angeles, California

Finding the right legal support can make a significant difference in the outcome of your premises liability case. Attorney Andrew Antaramian founded Antaramian Law, APC, to provide a voice for those harmed by negligence. Today, he leads Antaramian Law, APC as a dedicated advocate. He understands the opposition’s playbook, knows how they evaluate claims, what tactics they use to devalue injuries, and how they strategize to avoid paying. Attorney Andrew Antaramian applies this unique insight to build strong cases for his clients, aiming to secure the full compensation they are owed. If you need assistance in California, including Los Angeles, Riverside, San Bernardino, Orange, Ventura, or Kern Counties, Antaramian Law, APC is here to help.