“How is a property owner responsible for safety?” A property owner in California has the legal responsibility of maintaining reasonable safety standards to protect tenants, visitors, and guests from hazards. This legal duty also applies to a store or individual renting a property for business or residence. They must ensure safe conditions within their premises and avert hazards that can cause injuries to their customers or guests. Common safety hazards include slip and fall risks, building and safety violations, negligent security, and poor maintenance.
You have the right to seek compensation after sustaining injuries on another person’s property because of dangerous conditions. Kuvara Law Firm has helped victims in San Rafael, San Jose, San Francisco, and Northern California recover damages in premise liability cases. We can also help you. Call us today at 1-800-4-INJURY. There are no legal fees unless you win the case.
What Are the Legal Requirements for Property Owners in California?
Under California’s premises liability laws, an owner is legally mandated to build and maintain his or her property as per the local building standards and safety codes to alleviate unreasonable safety hazards. The owner must also maintain safe conditions within the property. An owner could be anyone, including the:
- Homeowner or Property owner
- Tenants occupying the property, such as a business or store
- Property maintenance company
- Hotel or restaurant owner
- Government body (such as a school district)
Compliance with Building Standards and Safety Codes
Property owners must construct and maintain their premises according to local building codes and safety standards. This includes ensuring structures are stable, walkways are level, and equipment is properly installed and maintained. Noncompliance with these regulations can be used as evidence of negligence in a premises liability claim.
Maintenance of Safe Conditions
Owners must take reasonable steps to identify and address hazards on their property. This involves:
- Regular inspections to detect dangers, such as broken equipment or damaged walkways.
- Prompt repairs to rectify unsafe conditions.
- Proper signage to warn visitors of temporary hazards, such as wet floors or ongoing construction.
Responsibility for Third Parties
In some cases, the responsibility for maintaining safety extends to tenants, property management companies, or contractors. For example:
- Homeowners are responsible for keeping their property safe for visitors and workers, such as mail carriers or repair technicians.
- Tenants occupying a property, such as businesses, share liability for ensuring customer safety within the areas they control.
- Property maintenance companies can be held accountable for failing to perform agreed-upon duties, like clearing hazards or performing necessary repairs.
- Hotel or restaurant owners must ensure their premises, including common areas and dining spaces, are safe for patrons.
How Is a Property Owner Responsible for Safety and Security?
Legal responsibilities for safety on a property differ based on who is in charge of the property.
Property Owner (Landlord) Liability
Defective systems and structures that pose safety risks arise when the property owner violates building codes or doesn’t take necessary actions to create safe conditions within the property. You can hold the owner liable if you sustain injuries on such a property. The law assumes that the property owner failed to take reasonable steps to protect the guests. An example is getting injured after a slip and fall caused by damaged or uneven stairs.
Tenant Liability
A tenant might be a store renting a property for business. A store is only liable when a client sustains injuries in the rented business premise because of one of the following factors:
- Movable furniture and fixtures, such as tables, chairs, and office equipment
- Unreasonably dangerous conditions caused by employee actions, such as spills and improperly installed fixtures
Just like property owner liability, tenant liability depends on whether the store owner or management took reasonable measures to inspect and ensure they meet the safety requirements for rental units.
Common Safety Hazards on Properties
If you’ve sustained injuries on a property belonging to someone else, the nature of the dangerous or defective conditions that caused your injuries form your basis to bring a lawsuit against the property owner. Common safety hazards in properties that result in premise liability claims in California include:
Slip-and-Fall Risks
Slips, trips, and falls are the most commonly reported injuries in premise liability lawsuits. As the name suggests, these injuries are caused by slipping, tripping, and falling because of unreasonably perilous conditions. A slip and fall injury may be more dangerous than you think.
The National Floor Safety Institute (NFSI) estimates that fall injuries account for more than eight (8) million ER visits, about 21.3% of all emergency visits. Fractures are the most severe fall injuries. About one 1 in 20 individuals who file slip-and-fall claims suffer a fracture.
The common safety hazards that may cause slip and fall injuries include:
- Wet or slippery floors
- Snowy or icy sidewalks and walkways
- Uneven or damaged stairs
- Rippled or curled-up carpet flooring
- Merchandise or obstacles on store aisles
- Dimly lit or poorly marked stairways and walkways
Building and Safety Violation Risks
All property development projects in San Rafael must adhere to the city’s building and safety codes. Violating these codes can create one or more safety hazards for property tenants and visitors. You have the legal right to file a premises liability lawsuit if you suffer an injury because of building code violations, such as poorly installed electrical systems and power outlets and falling stairs due to broken or damaged handrails.
Negligent Security Conditions
Apart from ensuring the structural integrity and safety of their properties, owners must also take measures that any other reasonable property owner would take to ensure adequate security. The objective is to protect tenants, guests, or visitors from foreseeable criminal acts, such as burglary or violent acts that may lead to serious injuries.
The following are examples of inadequacies in property security that can lead to injuries that warrant filing a premises liability claim:
- Poorly lit sections of the property, such as parking lots, lobbies, and doorways, where there’s a high risk for violence
- Lack of a proper security system
- Inadequately trained or few-than-required security personnel
- Unmanned entry points and entryways
Poor Maintenance
Unsafe conditions may develop within the building and the surrounding areas if a property owner, tenant, or property management agency negligently fails to adhere to a property’s inspection and maintenance protocols. Poor maintenance can lead to damaged and non-functional fixtures, broken doors, windows, and locks, and loose, broken, or missing handrails.
When Can You Sue a Property Owner in California?
Property owners have a legal responsibility to maintain their premises in a reasonably safe condition to prevent harm to visitors. If you are injured on someone else’s property due to unsafe conditions, you may have grounds to sue the property owner. However, several factors determine the viability of such a lawsuit.
Negligence of the Property Owner
To sue a property owner, you must prove that their negligence caused your injury. Negligence occurs when the property owner knew or should have reasonably known about a dangerous condition, but failed to fix it or warn visitors. Examples include slippery floors, broken stairs, exposed wiring, or poorly maintained walkways.
Legal Status of the Injured Party
The legal status of the injured party—whether they are an invitee, licensee, or trespasser—affects the property owner’s duty of care. Invitees, such as customers at a business, are owed the highest level of care. Licensees, such as social guests, are also owed a duty to be warned of known hazards. However, property owners owe limited duties to trespassers, except in cases involving children or intentional harm.
Causation and Damages
You must demonstrate that the unsafe condition directly caused your injuries and that you suffered measurable damages, such as medical bills, lost wages, or pain and suffering.
Comparative Negligence
In some cases, your own actions may contribute to the injury. If you ignored visible warnings or behaved recklessly, your ability to recover damages might be reduced under comparative negligence laws.Under the California statute of limitations, you have a two-year window to file the claim. However, waiting longer may weaken your case as the evidence might get lost. Kuvara Law Firm has been helping personal injury victims in San Rafael and throughout Northern California recover their rightful compensation over the last 40 years. Our premises liability lawyers are ready to work on your case as you concentrate on your treatment. Contact us today to schedule a free consultation.
