How To Prove A California Premises Liability Claim

In California, a claim of Premises Liability is defined as:
Premises liability occurs when a property owner fails to keep his or her property safe for lawful visitors, resulting in injury to a visitor. (Might also be referred to as Slip and Fall).
It simply means:
A claim arising from an injury on someone’s property.
There are 5 elements of the claim:
- Element 1. The defendant owned, leased, occupied, or controlled property. In a premises liability claim, it must be shown that the defendant either owned, rented, lived in, or had control over the property where the injury occurred, meaning they had a responsibility for maintaining a safe environment there.
Facts that might support this element look like:
* The defendant was the registered owner of the property where the incident occurred, as evidenced by public property records.
* The defendant had a lease agreement for the premises, which included exclusive rights to use and control the property.
* The defendant was present on the property at the time of the incident, indicating active control over the premises.
* The defendant maintained the property, including regular inspections and repairs, demonstrating a duty of care.
* The defendant had employees working on the property, further establishing their control and responsibility for the premises. - Element 2. As the property owner or occupier, the defendant owed a duty of care to the plaintiff. In a premises liability claim, the property owner or person in charge is responsible for ensuring the safety of their property, meaning they must take reasonable steps to prevent injuries to visitors or tenants.
Facts that might support this element look like:
* The defendant owned the property where the incident occurred, establishing a legal duty of care to all lawful visitors.
* The defendant was aware of hazardous conditions on the property, such as a broken step, which required maintenance.
* The defendant had a history of prior incidents on the property, indicating a need for increased safety measures.
* The defendant regularly invited the public onto the property for events, reinforcing their responsibility to ensure a safe environment.
* The defendant failed to post warning signs about known dangers, demonstrating a lack of care for visitor safety. - Element 3. The defendant was negligent in the use or maintenance of the property and thus breached their standard of care. The defendant failed to take proper care of their property, like not fixing a broken step, which led to an accident, showing they didn’t meet the expected safety standards for keeping their space safe for others.
Facts that might support this element look like:
* The defendant failed to repair a broken handrail on the staircase, which had been reported multiple times by tenants.
* The property had inadequate lighting in the parking lot, creating unsafe conditions for residents returning at night.
* The defendant neglected to remove ice and snow from the walkways after a winter storm, despite having a snow removal policy in place.
* The defendant did not conduct regular safety inspections, leading to the discovery of hazardous conditions only after an incident occurred.
* The defendant ignored tenant complaints about a leaking roof, which resulted in water damage and mold growth in common areas. - Element 4. The plaintiff was harmed. In a premises liability claim, the plaintiff must show that they were hurt or suffered damages, like injuries or financial losses, because of unsafe conditions on someone else’s property.
Facts that might support this element look like:
* The plaintiff slipped on a wet floor in the store, resulting in a fractured wrist that required medical treatment.
* The plaintiff tripped over a broken sidewalk slab outside the defendant’s property, causing significant bruising and pain.
* The plaintiff was injured when a falling object from a poorly maintained shelf struck them in the head while shopping.
* The plaintiff experienced emotional distress and physical pain after falling due to inadequate lighting in the parking lot.
* The plaintiff incurred medical expenses and lost wages due to injuries sustained from a fall on the defendant’s premises. - Element 5. The defendant’s negligence was a substantial factor in causing the plaintiff’s harm. In a premises liability claim, this means that the defendant’s careless actions or lack of action significantly contributed to the injuries or damages the plaintiff experienced while on their property.
Facts that might support this element look like:
* The defendant failed to repair a broken step in the entrance of the building, which had been reported multiple times by tenants.
* The defendant did not provide adequate lighting in the parking lot, making it difficult for visitors to see hazards.
* The defendant ignored warnings about a slippery floor in the lobby, which led to multiple accidents.
* The defendant’s security cameras were non-functional, preventing the documentation of incidents that occurred on the property.
* The defendant allowed debris to accumulate in the walkway, creating a tripping hazard for guests.
(See California Civil Jury Instructions (CACI), No. 1000, 1011. Rowland v. Christian (1968) 69 Cal.2d 108. Brooks v. Eugene Burger Management Corp. (1989) 215 Cal.App.3d 1611, 1619.)
If you’re in court without a lawyer and plan to assert a claim of Premises Liability, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your case effectively.
Prove Your CA Premises Liability Claim
U.S. Civil Cases Only