If You Fall on Someone Else’s Property, Who Is Liable?

Most falls occur at home, making liability relatively clear. But if you fall on someone else’s property, liability is unclear, to say the least. That’s especially true in California, which has very complex premises liability laws. Additionally, away-from-home slip-and-falls can happen almost anywhere, like a grocery store, a friend’s house, a restaurant, or even on a sidewalk.

So, if you fall on someone else’s property in California, determining who is liable is not always straightforward. California’s premises liability laws, which governs property owners’ responsibilities to maintain safe environments, is rather unique. A Los Angeles premises liability law attorney navigates these complexities and obtains maximum compensation for your serious injuries.

What is Premises Liability in California?

This legal concept holds property owners and occupiers responsible for unsafe conditions on their properties that cause injuries.

In California, property owners have a duty of care to maintain their premises in a reasonably safe condition for visitors. This duty applies to various types of properties, including:

• Private homes,
• Commercial establishments (stores, restaurants, malls), and
• Public spaces (sidewalks, parks, government buildings).

If a hazardous condition exists and the owner fails to address it or warn visitors, they may be held liable for injuries such as slip and fall accidents.

Key Elements a Premises Liability Law Attorney Must Prove

To establish liability in a California slip and fall case, you generally need to prove the following by a preponderance of the evidence (more likely than not):

• Dangerous Condition:

  Common hazardous property conditions include a wet floor, uneven pavement, poor lighting, or loose carpeting. Sometimes, a victim’s pre-existing condition, like a previous fall, transforms a minor hazard into a dangerous hazard.

• Negligent Property Owner:

  You must show that the property owner knew or should have known about the dangerous condition and failed to fix it or provide adequate warning. California law includes other facts and circumstances in the negligence equation as well. More on that below.

• Hazard Substantially Caused Injury:

  It must be clear that the dangerous condition directly caused the fall and resulting injuries, such a head injury and broken bones. As mentioned, if a pre-existing condition contributed to the risk and/or severity of a fall-related injury, maximum compensation is still available.

• Damages:

  Usually, the victim must sustain a physical injury to obtain compensation. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

California does not strictly categorize visitors as invitees, licensees, or trespassers in the same rigid way as some other states. Instead, courts generally apply a standard of reasonable care under the circumstances.

Duty Of Care: Who Is Liable For Your Fall?

However, the reason the victim was on the property greatly affects liability.

• Invitees:

  These individuals have permission to enter and the owner receives a tangible or intangible. These property owners owe the highest duty of care, including regular inspections and maintenance.

• Licensees (Permission but No Benefit):

  A guest of an apartment tenant is probably a licensee. Owners must warn of known dangers that may not be obvious.

• Trespassers (Neither Permission Nor Benefit):

  An apartment tenant who doesn’t pay the rent is a trespasser. Owners still owe some duty, especially to avoid intentional harm, but liability is more limited.

These additional circumstances include the owner’s degree of control over the property, the likelihood of serious injury, and the ease (or difficulty) of preventing that injury.520

Common Causes of Slip and Fall Accidents

Slip and fall injuries are not inevitable and unavoidable “accidents.” People accidentally lose their wallets. They don’t accidentally create and/or allow hazardous conditions on their properties. Instead, these cases often arise from preventable hazards, including:

• Wet or slippery floors without warning signs,
• Uneven sidewalks or flooring,
• Cluttered walkways,
• Poor lighting in stairwells or hallways, and
• Broken handrails or steps.

In many cases, these hazards could have been corrected with proper maintenance and attention. A failure to address known hazards is a classic kind of negligence.

Comparative Negligence in California

The aforementioned warning sign could trigger the comparative negligence defense. If an owner posted a warning sign, like “Caution Wet Floor,” and the victim could see the sign, read the sign, and understand what the sign meant, the court will reduce compensation in accordance with the percentage of fault (50-50, 80-20, etc.).

This same principle applies if the victim encountered an open and obvious hazard or simply didn’t watch where s/he was going.

California is a pure comparative negligence state. Even if the victim was partially at fault for the fall, compensation is still available, as outlined above.

Owners are usually liable for falls that occur on their properties. For a free consultation with an experienced premises liability law attorney in Los Angeles, contact the Law Offices of Eslamboly Hakim. Virtual, home, and hospital visits are available.