When you step onto a business property or into a public space in Los Angeles, you generally have a right to expect that property owners will take reasonable steps to maintain safe conditions. When a hidden hazard is left unaddressed and causes personal injury within Los Angeles, the physical and financial consequences can change your life in a split second. Property owners and insurance companies often try to shift blame to the injured person, claiming the danger was “open and obvious” or that you were not paying attention. This narrative frequently ignores the real circumstances that led to the injury.
Haffner Law challenges that narrative. We investigate maintenance logs, surveillance footage, and inspection histories that property owners and insurers hope remain hidden. We treat your recovery as our priority—and you pay no legal fees unless we secure a settlement or verdict on your behalf.
Proving Negligence in California Premises Liability Cases
California premises liability law is based on the principle that property owners and managers must use reasonable care to maintain their property in a reasonably safe condition. Under California law, including CACI No. 1000, owners and occupiers are required to take reasonable steps to inspect their property, address unsafe conditions, and warn visitors of dangers that cannot be immediately repaired.
This duty does not make property owners insurers of safety, but it does require proactive, reasonable action to prevent foreseeable harm.
Duty of Care and the Notice Requirement
To succeed in a premises liability claim, we must generally prove that the property owner or manager had actual or constructive notice of the dangerous condition.
- Actual notice means the owner knew about the hazard—such as a spill, broken light, or uneven flooring—and failed to correct it.
- Constructive notice means the condition existed long enough that a reasonably careful property owner should have discovered and remedied it through routine inspections.
Challenging the “Reasonable Inspection” Defense
Many businesses claim they follow regular inspection procedures to keep their premises safe. We examine these claims closely. Inspection and “sweep” logs often reveal long gaps or inconsistent safety practices.
If a hazardous condition existed for an unreasonable length of time without inspection or repair, that failure may support a finding of constructive notice depending on the circumstances. We analyze traffic patterns, store policies, and prior incidents to show when an owner failed to meet their duty of reasonable care.
Why “It Was My Fault” Is Often Wrong Under Comparative Negligence
Many injured people worry they cannot pursue a claim because they were distracted or did not see the hazard. However, California follows a pure comparative negligence system.
This means you may still recover compensation even if you share some responsibility for the accident. Any recovery is reduced only by your percentage of fault—it does not bar your claim entirely.
Types of Premises Liability Cases We Handle in Los Angeles
Premises liability cases arise in many different settings throughout Los Angeles. While each case is unique, the underlying legal principles remain the same. We focus on how the property was managed and whether reasonable safety measures were in place.
Slip, Trip, and Fall Accidents
Slip and fall cases often involve liquid spills, wax buildup, torn carpeting, uneven flooring, or damaged sidewalks that were not repaired within a reasonable time.
Inadequate or Negligent Security
Property owners may have a duty to take reasonable security measures to protect visitors from foreseeable criminal acts. We handle cases involving assaults or robberies in parking garages, apartment complexes, hotels, and nightlife venues where inadequate lighting, broken locks, or lack of security contributed to the injury.
Elevator and Escalator Malfunctions
Mechanical failures in elevators or escalators can cause serious injuries. We investigate maintenance records, service contracts, and inspection histories involving sudden drops, misleveling, or abrupt stops.
Stairway and Walkway Hazards
Broken handrails, crumbling concrete, uneven steps, and noncompliant stair design can create serious dangers. Structural defects and maintenance failures are carefully documented as part of your claim.
Swimming Pool Accidents
Drownings and near-drownings are often preventable. We examine fencing, drain safety, signage, and supervision to determine whether reasonable safety measures were followed.
The Evidence We Preserve to Build Your Claim
Strong premises liability cases depend on fast action before evidence disappears. Our team works quickly to preserve and obtain critical proof, including:
- Surveillance Footage: We send preservation demands and, when appropriate, subpoena CCTV or private camera footage before it is overwritten or deleted.
- Maintenance and Inspection Records: We analyze logs to determine whether safety procedures were actually followed.
- Code Compliance Records: Violations of the California Building Code or ADA standards may serve as powerful evidence of negligence.
- Expert Analysis: We work with qualified experts, including flooring specialists and lighting professionals, to evaluate slip resistance, visibility, and safety conditions.
Serious Injuries in Premises Liability Claims
Falls and other premises-related accidents often cause far more than minor injuries. They are a leading cause of traumatic brain injuries, spinal disc damage, and long-term mobility impairments.
Beyond Scrapes and Bruises
Many clients suffer complex fractures—especially to the hip, wrist, or ankle—that require surgery and prolonged physical therapy. These injuries can permanently affect independence and quality of life.
Seeking Compensation for Invisible Damages
We pursue compensation not only for medical bills and lost income, but also for non-economic damages such as chronic pain, emotional distress, and loss of enjoyment of life. Future medical needs are carefully evaluated to ensure your claim reflects the full impact of the injury.
Frequently Asked Questions About Premise Liability
What is a premises liability claim?
A premises liability claim seeks compensation for injuries caused by an unsafe condition on someone else’s property due to a failure to use reasonable care.
Is premises liability the same as negligence?
Premises liability is a specific category of negligence that focuses on the legal duties property owners owe to people who enter their property.
What is premises liability coverage?
Premises liability coverage is typically part of a homeowner’s or commercial insurance policy that pays for injuries occurring on the insured property. Claims are usually handled through the insurance company rather than directly against the owner.
Do I need a lawyer for a premises liability case?
Insurance companies often dispute notice, fault, and the seriousness of injuries. An experienced premises liability attorney understands how to gather evidence and meet California’s legal requirements.
How long do I have to file a claim in California?
In most cases, you have two years from the date of injury to file a lawsuit under CCP § 335.1. Claims against government entities often require a formal claim within six months.
Don’t Let a Property Owner’s Negligence Cost You Your Future
Evidence in premises liability cases—especially video footage and witness memories—can disappear quickly. Property owners and insurers begin protecting their interests immediately. You deserve a legal team that will protect yours.
Call Haffner Law today to speak with a Los Angeles premises liability attorney.
