California Premises Liability: What It Is, How to Prove It, and Deadlines
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This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
California Premises Liability: What It Is, How to Prove It, and Deadlines
Premises liability is the area of California law that holds property owners responsible when a dangerous condition on their property injures someone. It covers slip and falls, falling objects, inadequate security, swimming pool injuries, and dog bites. This guide explains what premises liability is, what an injured person has to prove, how long you have to sue, and how these claims work in California. It is general legal information; for advice about a specific situation, speak with a premises liability attorney.
Premises liability is the legal principle that a person who owns, leases, occupies, or controls property can be held responsible for injuries caused by their failure to keep it reasonably safe. The rule comes from California Civil Code section 1714, under which everyone is responsible for harm caused by a lack of ordinary care in managing their property.
Property owners are not guarantors of perfect safety. They are required to take reasonable steps to discover and fix, or warn about, dangerous conditions. When an owner fails to act with reasonable care given a known or foreseeable risk, and someone is hurt as a result, the owner can be liable for the injury.
What duty do California property owners owe visitors?
California owners owe a single general duty of ordinary care to everyone lawfully on their property. Since the California Supreme Court's 1968 decision in Rowland v. Christian, the state no longer applies separate rules for invitees, licensees, and social guests. One reasonableness standard applies to all.
Rowland replaced the old rigid categories with a general negligence standard based on the foreseeability of harm. The reason a person was on the property can still be one factor in deciding what care was reasonable, but it no longer decides the case by itself. Two limits are worth noting: trespassers receive more limited protection, and children may be protected under the "attractive nuisance" doctrine when something dangerous on the property is likely to draw them in.
What do you have to prove in a premises liability claim?
A premises liability claim uses the same four elements as any negligence case, each proven by a preponderance of the evidence:
Duty - the owner or occupier owed a duty of ordinary care to keep the property reasonably safe.
Breach - the owner failed to meet that standard, for example by not cleaning a spill, repairing a broken stair, or warning of a hazard.
Causation - the dangerous condition was a substantial factor in causing the injury.
Damages - the person suffered real harm, such as medical bills, lost income, or pain and suffering.
The most contested element is usually notice. The owner will often argue they did not know the hazard existed. To win, the injured person typically must show the owner either knew about the condition (actual notice) or that it existed long enough that a reasonable owner should have discovered it (constructive notice). Surveillance timestamps, maintenance and inspection schedules, employee logs, and prior complaints are common ways to prove notice.
What types of cases fall under premises liability?
Premises liability covers a wide range of injuries tied to the condition or management of a property, including:
Slip, trip, and fall injuries from spills, uneven flooring, poor lighting, or broken stairs and handrails
Falling objects in stores and warehouses
Inadequate or negligent security, where a foreseeable assault occurs because a property failed to provide reasonable safety measures
Swimming pool and drowning injuries
Dog bites that occur on the property
Injuries in apartment complexes and other rental housing, often in shared areas the landlord controls
How long after a slip and fall can you sue in California?
In most premises liability cases, you have two years from the date of injury to file a lawsuit under California Code of Civil Procedure section 335.1. Missing this deadline usually means the court will dismiss the case, no matter how strong it is.
The deadline is much shorter when the injury happens on government property, such as a public sidewalk, a government building, or a municipal park. In that situation you must first file an administrative claim with the responsible public entity within six months of the injury under Government Code section 911.2. Only after the entity denies the claim, or fails to respond, can you file a lawsuit, and a further short deadline then applies. Because these timelines are strict and start running at the date of injury, it is best to confirm the applicable deadline early.
What if you were partly at fault for your own injury?
California is a pure comparative fault state, so being partly at fault does not bar your claim. If a jury finds you share some responsibility, for example for not watching where you were walking, your recovery is reduced by your percentage of fault but is not eliminated. There is no cutoff, so you can recover even if you were more than half at fault.
Property owners and their insurers often try to shift as much blame as possible onto the injured person to reduce what they pay. Countering those arguments with clear evidence of the hazard and the owner's notice of it is a central part of a premises liability claim.
What compensation is available in a premises liability claim?
An injured person may recover economic damages such as medical bills, future medical care, lost wages, and reduced earning capacity, along with non-economic damages such as pain and suffering and loss of enjoyment of life. California places no cap on pain and suffering in an ordinary premises liability case. Where the owner's conduct was especially egregious, punitive damages may be available under Civil Code section 3294.
How do you choose a premises liability lawyer in California?
Look for an attorney who handles premises liability and slip and fall cases, works on a contingency fee basis (no fee unless they recover for you), and can explain the notice requirement and the deadlines for your specific situation. Because notice is the element most cases turn on, an attorney who moves quickly to preserve surveillance footage, inspection records, and incident reports before they are lost can make a real difference.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
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