Premises Liability Beyond Slip-and-Fall: When Property Owners Are Held Responsible

 

When most people think of an injury on someone else’s property, a classic “slip-and-fall” on a wet floor often comes to mind. However, California law holds property owners responsible for a much wider range of dangers that can lead to serious harm. This legal responsibility, known as premises liability, covers injuries caused by everything from inadequate security that leads to an assault, to an unfenced swimming pool, a building fire, or a malfunctioning elevator.

At its core, California premises liability law requires owners to maintain their property in a reasonably safe condition. When they fail in this duty—an act of property owner negligence—they can be held accountable for the devastating consequences. If you or a loved one has been seriously harmed by any type of unsafe property condition, knowing your rights is the first step. The experienced team at Kohan & Bablove Injury Attorneys can help you evaluate your situation and understand if you have a valid premises liability claim.

Common Types of Premises Liability Cases

While slips and falls are frequent, California premises liability law is far more expansive, covering a wide range of dangers that can cause severe injury. A property owner’s duty is to protect visitors from any reasonably foreseeable harm, not just slick floors. When their failure to address an unsafe property condition leads to an injury, a valid premises liability claim can arise from many different types of incidents. Understanding these categories is key to knowing if you have a case.

Negligent Security (Leading to Assaults in Parking Lots, Apartment Buildings)

Property owners have a duty to take reasonable steps to protect visitors from foreseeable criminal acts. This is especially true for apartment complexes, parking garages, hotels, and entertainment venues. When an owner fails to provide adequate lighting, fix broken locks or security gates, or employ security guards where needed, it constitutes property owner negligence. If this failure allows a robbery or assault to occur, the property owner can be held liable for the victim’s injuries and trauma.

Swimming Pool Accidents and Drownings

Swimming pool accidents are especially tragic because they are so often preventable. Property owners are required to adhere to strict safety regulations, including installing proper fencing, self-latching gates, and compliant drain covers. When an owner fails to secure their pool, they create a highly dangerous condition. If a child wanders into an unfenced pool area and is injured or drowns, the owner can be held responsible for this devastating failure.

Fires, Floods, or Toxic Fumes Due to Poor Maintenance

Owners must ensure their building’s essential systems are safe. This includes properly maintaining electrical wiring to prevent fires, ensuring plumbing is sound to prevent floods, and checking ventilation and appliances to avoid the buildup of toxic substances like carbon monoxide. A fire, a ceiling collapse from a hidden leak, or a carbon monoxide leak are not just accidents; they are often the direct result of a failure in basic maintenance.

Elevator and Escalator Malfunctions

We trust elevators and escalators to function safely, but that trust depends on diligent inspection and maintenance by the property owner. A sudden drop, an abrupt stop between floors, a door that closes on a person, or a misalignment with the floor can cause serious fall injuries, broken bones, and crush injuries. These incidents are a clear-cut example of equipment failure falling under premises liability.

Falling Merchandise in Stores

In large retail and “big-box” stores, improperly stacked merchandise on high shelves poses a significant risk. When items are not secured or are precariously balanced, they can fall and strike a customer below, causing traumatic brain injuries and other severe harm. The store is responsible for the actions of its employees and for maintaining a safe shopping environment, including its shelves.

Determining Your Status on the Property: Invitee, Licensee, Trespasser

In any premises liability claim, a key factor in establishing property owner negligence is the specific legal duty the owner owed to the injured person. Historically, California law, like many other states, based this duty on the visitor’s legal status on the property. While the modern approach has simplified this, understanding these traditional categories helps to frame the owner’s level of responsibility.

How Your Legal Status Affects the Owner’s Duty of Care

Historically, visitors were classified into three groups:

• Invitees: People on the property for the owner’s monetary benefit (e.g., a customer in a store). Owners owed them the highest duty of care, which includes inspecting for, repairing, and warning of any dangers.

• Licensees: Social guests who are on the property with permission but for their own purposes. The duty was lower, typically just to warn of known dangers.

• Trespassers: Individuals on the property without permission. The duty was minimal—simply to avoid intentionally harming them.

However, California premises liability law has largely evolved beyond these rigid distinctions. Today, the law focuses on a single standard: did the property owner use “reasonable care” to keep the property safe in all circumstances?

Your status as a visitor is still a crucial factor in determining what is “reasonable.” For example, an owner would be expected to conduct more frequent inspections in a busy retail area than in a remote part of their property. While the duty to a trespasser is still lower, an owner cannot willfully injure them and may even have a duty to warn of known, hidden dangers or protect child trespassers from an “attractive nuisance” like an unfenced pool.

Key Evidence in These Complex Cases

Proving property owner negligence in these complex cases is about showing what the owner knew and when they knew it. To build a strong premises liability claim, you and your attorney must uncover evidence that the owner was aware, or should have been aware, of the unsafe property condition and failed to act. This proof is rarely out in the open and often requires a formal legal process to obtain. An experienced attorney at Kohan & Bablove Injury Attorneys knows exactly what documents to demand and how to use them to build your case.

Maintenance Logs and Inspection Records

These documents provide a timeline of a property owner’s actions—or lack thereof. For example, an elevator’s service history, a security company’s patrol logs, or records of when a fire alarm system was last tested are all vital. A long gap between inspections or a failure to follow up on a recommended repair is powerful evidence. It demonstrates that the owner was not taking reasonable care to keep their property safe, which is a cornerstone of California premises liability law.

Prior Complaints or Incident Reports

This is some of the most compelling evidence. If other tenants, customers, or visitors had previously complained about the same hazard that injured you—such as a broken security gate, faulty wiring, or a loose staircase railing—it proves the owner had “actual notice” of the danger. These prior reports show the owner was aware of the specific problem and had a clear opportunity to fix it before you were harmed, making their failure to act a clear breach of duty.

Building Code Violations

State and local building codes establish the minimum safety standards for properties. When an injury is caused by a condition that violates a specific code—such as improper pool fencing, inadequate emergency lighting, or a handrail that is not the required height—it serves as powerful evidence of negligence. A building code violation shows that the owner failed to meet their most basic legal obligations to ensure the safety of visitors, making it much easier to establish liability.

Kohan & Bablove: Holding Negligent Property Owners Accountable

When you are injured by a hidden danger on someone else’s property, the path to justice can seem daunting. At Kohan & Bablove Injury Attorneys, we firmly believe that property owner negligence should never go unchallenged. Our legal team is dedicated to holding careless owners accountable and fighting for victims who have been harmed by an unsafe property condition. We have the experience and resources necessary to build a powerful premises liability claim, no matter how complex the circumstances.

We Investigate Thoroughly to Uncover a History of Negligence

Our legal team goes far beyond the surface facts of your accident. We conduct a deep-dive investigation, formally demanding and subpoenaing crucial documents like maintenance logs, security protocols, and past incident reports. We often discover a history of prior complaints or ignored warnings about the same unsafe property condition that caused your injury. By uncovering this pattern of carelessness, we can definitively prove property owner negligence and show that your injuries were not a random accident, but a preventable failure on the part of the owner. This meticulous approach is central to a successful claim.

Free Consultation to Discuss Your Injury

You likely have many questions about your rights and whether you have a valid case. You don’t have to find these answers alone. Kohan & Bablove Injury Attorneys offers a free, confidential consultation to discuss your injury. We will listen to your story, explain how California premises liability law applies to your situation, and provide clear, honest guidance on your legal options. There is no cost and no obligation, just supportive advice from a team dedicated to helping you understand the path forward to securing the injury compensation you deserv