Understanding Premises Liability
In California, a person can be held responsible for accidents that occur on their property because of the way they manage the property. To win a premises liability case, you must show that:
- The person owned, leased, occupied, or controlled the property;
- They were negligent in the use or maintenance of the property;
- You were hurt; and
- Their negligence was a substantial factor in causing your harm.
Under this standard, property owners must take care of their property in a way that a reasonable property owner would under similar circumstances. Otherwise, the law considers them negligent. Whether a property owner acted with reasonable care depends on the specific facts of each case. For example, someone with a home in San Rafael should follow different maintenance standards than someone who owns property in a much colder climate.
California’s changing weather creates extra challenges for local property owners. In San Rafael, heavy winter rains often make sidewalks and entryways dangerously slick. Owners need to remain attentive to weather-related hazards on walkways, driveways, and parking lots. When owners fail to manage these local risks, they increase the chance of injuries.
Under California law, property owners must either fix dangerous conditions or warn people about hazards that are not obvious. They cannot ignore problems and claim they did not know danger existed. Owners must use ordinary care to maintain their property and protect visitors from harm.
If a property owner cannot immediately fix a hazard, they should post a clear warning. For example, if there is a spill in a grocery store, staff should put up a sign to alert customers of the wet floor until the area is properly cleaned and dried.
Don’t settle for less. Fight for full compensation.
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$2,000,000 Truck Accident
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$1,850,000 Pedestrian Accident
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$1,800,000 Motorcycle Accident
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$1,750,000 Motor Vehicle Accident
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$1,495,000 Premises Liability
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$1,410,000 Premises Liability
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$1,300,000 Pedestrian Accident
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$1,000,000 Rollover Accident
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"They held my hand thru the whole thing, answering my silly calls with questions and showing great patience."
I found the Kuvara Law Firm when I did a search for personal injury attorneys. I scanned down the possibilities but their name jumped out at me. I called, sure I didn't have a claim because I've never done this before, but on reviewing my case Mr. Kuvara said I DO have a case and assigned me to the appropriate person to get things started. They were always very friendly and encouraging whenever I contacted them. Colby is an absolute doll! Then when I had my fall and concussion Mr. Kovara referred me to a colleague at another firm that specializes in that type of case. They, too, were good and helpful and full of information I'd never think of! Everything was perfect, they really knew their jobs at both firms and took great care of me. I can't recommend them highly enough and will keep their contact information in my wallet ready to share with all who may ask! Thanks so much, Colby!
- Lynne D.B. -
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Beyond grateful with the service and support the professionals at Kuvara Law Firm offered me every step of the way in this process. I know being in a situation of need and not knowing where to begin is overwhelming and quite frankly a bit scary.
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"We recommend Kuvara Law Firm to anyone needing services of a law office."
Kuvara law firm was able to resolve a dispute with our insurance company. We received a settlement that we believe is fair and just. Everyone we dealt with at the law firm was very friendly and professional.- Craig M. -
"Mr. Kuvara and his team are truly amazing! He is the most kind hearted and will do everything he can to win your case."
They are very prompt with responses and follow up. The entire process was stress free (especially going through this during the middle of the pandemic) and seamless! He heard, understood my pain and had the most sincerest empathy for me. This review has been LONG overdue. He took care of me in 2020 and has left an everlasting impression in my life. I recommend everyone to Mr. Kuvara and his outstanding team! Thank you all from the bottom of my heart!
- Kay M.
Common Types of Premises Liability Cases
Accidents on someone else’s property can occur just about anywhere and can happen in any number of ways. You could be at the mall when you slip and fall on a piece of loose carpeting or uneven floors. Slip and fall accidents are one of the most common types of premises liability cases. According to the Centers for Disease Control and Prevention (CDC), millions of people suffer injuries from slip and falls each year.
Other types of common premises liability cases include:
- Dog bites
- Stairway falls (often due to loose handrails or broken steps)
- Construction site accidents
- Swimming pool accidents or drowning
- Chemical injuries
- Falling trees and limbs
- Deck and balcony collapses
- Negligent security (failure to provide an appropriate level of security)
- Amusement park injuries
In Marin County and San Rafael, many homes and businesses feature older construction, multiple stairways, and tree-lined streets. These property features can contribute to hazards such as loose handrails, slippery decks, and overgrown landscaping. Busy locations like Northgate Mall, Safeway, and local public parks often see more slip and fall or trip accidents due to poorly maintained surfaces and high foot traffic.
If the accident happened in someone else’s home or business, the owner or tenant may be responsible for injuries that result from failing to maintain the property in a reasonably safe condition.
Depending on how the accident happened, a person may suffer many types of serious injuries. A dog bite can leave extensive scarring, nerve damage, or broken bones. A slip and fall injury may lead to a traumatic brain injury (TBI), internal organ damage, or spinal cord trauma. In some cases, injuries can be fatal.
Can I File a Lawsuit If I Am Hurt on Someone Else’s Property?
If you are injured on someone else’s property, you may be able to file a lawsuit against a person or company that owns, leases, occupies, or controls the property. The property owner or defendant could be a tenant, business owner, property management company, restaurant, store, homeowner, government agency (like a school district), or another person or entity.
If you were injured on a property in San Rafael, gathering evidence at the scene and collecting details about the hazard can make your claim stronger. Take photographs, record names of witnesses, and request copies of any incident reports from local businesses or property managers. File a report with the property owner or business as soon as possible because evidence in California premises liability cases can change quickly.
In some cases, more than one person may be responsible. For example, if you fall because of an uneven sidewalk at an apartment complex, the building owner and the property manager might both be liable for not maintaining the sidewalk safely.
Generally, you can file a premises liability lawsuit after an injury if you are not trespassing. Property owners do not always owe a duty of care to people who enter without permission. Still, sometimes you may file a claim even if you were trespassing.
This can happen when a hazard qualifies as an attractive nuisance.
An attractive nuisance refers to something on a property that might draw children but is dangerous, such as a swimming pool. Failing to prevent children and others from accessing it with safeguards like a locked fence could lead to liability for injuries.
In a premises liability lawsuit, you may recover financial compensation for your losses. Damages may cover economic costs—like medical bills, ongoing medical care, lost wages, and reduced earning ability—and non-economic impact, like pain, suffering, or scarring. In rare situations, courts may award punitive damages if a property owner acted recklessly or intentionally.
In most cases, homeowners' or renters' insurance covers injuries on a property. If you are hurt at a friend’s or family member’s house, these policies allow you to seek compensation without causing them financial hardship. Insurance exists to protect against precisely these situations.
We’re Here for You
Accidents on someone else’s property can happen in many ways, from dog bites to slip and falls to tripping on a loose tile. Premises liability claims can be difficult to prove because they depend on the specific facts of the case. At Kuvara Law, we have significant experience helping people throughout Northern California pursue compensation for personal injury claims.
Our San Rafael office understands Marin County’s legal process and the need to act quickly after an injury. Local properties often have unique features—such as sloped sidewalks, redwood decks, or historic staircases—that require different considerations when reviewing potential hazards. We tailor our advice to address real challenges of claims for injuries in local homes, businesses, and public spaces.
Based in San Rafael, our law firm represents people in Sacramento, Oakland, San Jose, Santa Rosa, and beyond in personal injury cases. We offer free case evaluations and work on a contingency fee basis—meaning you do not pay unless we secure compensation for you.
To learn more or to schedule a free consultation with a San Rafael premises liability attorney, do not hesitate to reach out to our firm by calling .