San Francisco Premises Liability Attorney

Premises liability is the liability that a person or entity has for injuries which happen on their property because of their negligence. This person or entity may be anyone who owns, leases, occupies, or otherwise controls a property, such as:

• A landlord or private homeowner
• A condo or homeowner’s association (HOA)
• A property management company
• A building owner or place of business
• A supermarket, restaurant, or bar

In California, these parties have a legal obligation to exercise reasonable care in the use and maintenance of their premises. If they are negligent in caring for their property and fail to keep it in a reasonably safe condition, it may be possible for victims injured by those unsafe conditions to hold them liable for damages.

Determining whether a property owner is liable for injuries on their land depends on the specific facts surrounding an accident and factors such as:

• The location of the property and whether it is public or private property.
• Whether it was reasonably likely that someone would come onto the property
• The nature of an unsafe condition
• Whether the landowner knew or should have known about the unsafe condition
• The likelihood that the unsafe condition would cause injury
• The difficulty of protecting against injury associated with the unsafe condition

When is a Premises Owner Negligent?

Victims who bring claims against property owners or other parties that occupied or controlled a premises must prove that the defendant was negligent in causing their injuries. Per California Civil Jury Instructions (CACI No. 1000), victims will need to prove that:

1. The defendant owned, leased, occupied or controlled the premises where the injury occurred;
2. The defendant was negligent in maintenance or use of the premises;
3. The plaintiffs was injured; and
4. The defendant’s negligent care of the property was a substantial cause of injury.

When it comes to premises accidents, negligence can take many forms. Some examples include:

• Failures to clean up spills that pose slip and fall hazards
• Uneven, broken, or crumbling floors or carpeting
• Unsafe conditions on construction sites
• Broken lights or inadequate lighting
• Insufficient or inadequate security