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 FAQ - PREMISES LIABILITY
1. Can I bring a lawsuit if I am injured or a loved one is killed as a result of a dangerous condition in somebody's home, or are premises liability cases limited to cases against businesses?
Although premises liability cases are most commonly filed against businesses such as stores, they can also be filed against the owner and possessor of a private house or land. Most homeowners have insurance coverage to provide protection against injuries or death caused on their property. 
2. Who can I sue under premises liability law?
The possessor of land and/or a building is ordinarily the person responsible for injuries or death caused on the land or building. However, a company or individual that carries on an activity on the premises on behalf of the possessor will also be responsible. Thus, a janitorial firm or security firm will be held responsible for an injury or death caused by the negligence of one of its employees working in a building.
3. What if I am partially at fault?
California is a comparative negligence state and any fault for an injury attributable to the plaintiff will reduce the plaintiff's damages in proportion to that fault. Thus, if you are 50% at fault for your accident, and your damages at 100%, your recovery from the premises owner/defendant would be reduced by 50%.
4. What do I have to prove in order to win a premises liability case?
A person expecting to recover damages for injuries caused on another person's premises must be able to establish that the condition of the premises posed an unreasonable risk of harm and that the premises owners/defendants either created the condition, or knew or should have known of the condition. An owner "should have known" of a dangerous condition when it exists long enough for a reasonable person to remedy the dangerous condition.
5. What are some examples of dangerous conditions that give rise to lawsuits?
There are many different circumstances in which a dangerous condition may be found. Some of the most common are slippery floors, stairs and handrails not built to code, store displays that fall on customers, inadequately fenced swimming pools, poorly maintained apartments, houses, stores or other businesses.
6. What if I'm attacked and injured by some stranger while I am on another person's permises?
Generally speaking, a premises owner has no duty to protect you from the wrongful acts of a third person unless the acts were foreseeable. For all practical purposes, this means that a similar occurrence must have taken place on the premises in the past such that the owner of the premises was put on notice that what occurred to you was not just possible, but probable to occur if the owner didn't take some steps to prevent the occurrence.
7. I am a tenant. Under what circumstances can I sue my landlord for injuries resulting from the dangerous condition of property?
A landlord owes the same duty to a tenant as they would to any other person coming on the premises. This includes the interior of the rental units and any dangerous condition in the rental unit if it has been reported to the landlord and the landlord has failed to correct the dangerous condition within a reasonable period of time.
8. How long do I have to bring a lawsuit for premises liability?
That depends on who the owner of the property is. If the owner is a public entity, such as the state, county or a city, a claim for personal injuries must be filed with the public entity within six months of the date of your injury. If the owner is a private entity, such as a business or an individual, a complaint must be filed within one year of the date of the accident for all accidents up to January 1, 2003; and for accidents occurring after January 1, 2003, a complaint must be filed within two years of the date of the accident.
9. What damages am I entitled to recover in a premises liability case?
The injured person is entitled to recover damages for past and future medical treatment, past and future wage loss, damages for pain, suffering and emotional distress, and, if the injured person can establish bad enough conduct on the part of the business or homeowner, punitive damages (i.e. damages intended to punish the business or homeowner). If the injured person dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the injured person's death, as well as monetary damages which stem from the loss of society, care, and comfort of the decedent.
10. Do I need an attorney to bring a premises liability case?
There is no requirement that you retain an attorney to bring a premises liability case. In cases of minor injuries, you may be better off attempting to settle the case without an attorney. However, it is important to make sure that your injury is, indeed, minor and completely healed before you attempt to settle the case. In cases of more serious injury, it is generally advisable to retain an attorney. In all but the most obvious premises liability cases, the business or homeowner will deny responsibility or under-evaluate your damages and the cases usually have to be litigated.
The information contained in the Chain-Younger Web Site is general in nature and is not intended as a substitute for legal advice. In addition, an
Attorney-Client relationship is not created by viewing this information.
Changes in the law or the specific facts of your case may result in legal
interpretations that are different from those presented. To protect your
legal rights following severe injury or wrongful death resulting from an
accident, it is wise to immediately consult Chain-Younger.
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