Premises Liability Law in California

Understanding Premises Liability Claims Under California Law

California premises liability law governs the duties owed by property owners, operators, and occupiers to individuals who enter their property. These claims commonly arise from allegations that a dangerous condition caused injury or death and that reasonable steps were not taken to prevent the harm.

Wingert Grebing Brubaker & Walshok LLP has litigated premises liability matters under California law for decades, representing insurance carriers, businesses, municipalities, and individuals in cases pending in California state and federal courts.

Duty of Care Under California Premises Liability Law

In California, premises liability is a form of negligence. Liability generally turns on whether the defendant owed a duty of care, breached that duty, and caused damages as a result.

Under California law, property owners and occupiers typically owe a duty to maintain their premises in a reasonably safe condition and to warn of known or reasonably discoverable hazards. The scope of that duty depends on the nature of the property, the foreseeability of harm, and the status of the person entering the premises.

Courts routinely evaluate whether reasonable inspections were conducted and whether corrective measures were timely and appropriate under the circumstances.

Actual and Constructive Notice of Dangerous Conditions

A central issue in many California premises liability cases is notice. To establish liability, a plaintiff must generally prove that the defendant knew or should have known of the alleged dangerous condition.

Notice may be:

• Actual, where the condition was directly known, or

• Constructive, where the condition existed long enough that it should have been discovered through reasonable inspection.

Defending against claims of constructive notice often requires careful analysis of inspection practices, maintenance records, surveillance evidence, and witness testimony.

Comparative Fault in California Premises Liability Cases

California follows a pure comparative fault system. Even where a dangerous condition exists, a plaintiff’s own conduct may reduce recoverable damages.

Issues frequently arise regarding:

• Failure to observe open and obvious conditions

• Disregard of warnings or barriers

• Intoxication or distraction

• Use of property in an unintended or unsafe manner

Allocation of fault is often a critical driver of exposure, particularly in slip-and-fall and trip-and-fall cases.

Common Defenses in California Premises Liability Litigation

Defendants in California premises liability actions may assert a variety of defenses, depending on the facts and venue, including:

• Lack of actual or constructive notice

• Reasonable inspection and maintenance practices

• Open and obvious conditions

• Comparative negligence

• Assumption of risk

• Lack of causation

• Disputed damages

Effective defense strategy often requires early factual development and venue-specific evaluation.

Damages in California Premises Liability Claims

Plaintiffs in California may seek both economic and non-economic damages, including medical expenses, lost earnings, pain and suffering, and, in limited circumstances, wrongful death damages.

Claims are evaluated under California statutes, jury instructions, and appellate authority, with damages exposure frequently influenced by venue, injury severity, and fault allocation.

Experience Litigating Premises Liability Matters Throughout California

Wingert Grebing Brubaker & Walshok LLP represents clients in premises liability matters throughout California, including cases pending in San Diego County Superior Court, other state courts, and federal courts across the state.

Our attorneys bring decades of trial experience and a balanced perspective gained from representing both plaintiffs and defendants, allowing us to assess exposure realistically and litigate cases efficiently.

For an overview of our broader premises liability practice, please visit our Premises Liability Practice Area page.