California Law
California Premises Liability Law
The modern foundation of California premises liability law is Rowland v. Christian, 69 Cal. 2d 108 (1968), which abolished the traditional distinctions between invitees, licensees and trespassers and established a general duty of reasonable care for all property owners. Under this framework, courts evaluate the foreseeability of harm, the degree of certainty that injury occurred, the closeness of the connection between the owner's conduct and the injury, and the burden of precaution, among other factors.
California's negligent security doctrine holds property owners liable for criminal acts of third parties where the owner knew or had reason to know that such acts were likely to occur and failed to take reasonable protective measures. Courts consider the history of criminal activity at the property, the type of business operated and the specific circumstances of the attack in evaluating foreseeability.
Statute of Limitations: Personal injury claims arising from premises liability must generally be filed within two years of the injury date (CCP § 335.1). Claims against government entities — including any city, county, or state agency — require a government tort claim within six months of the incident under the Government Claims Act. If the injury occurred on the premises of your employer or in the course of employment, workers' compensation deadlines apply and are shorter: you must notify your employer within 30 days of the injury. Eagan Law does not handle workers' compensation matters — if your injury may be work-related, consult a workers' compensation attorney promptly. Early action is essential to preserve surveillance footage and physical evidence that is routinely deleted or destroyed.
California Civil Code § 3342 imposes strict liability on dog owners for bites — meaning the owner is liable without proof of prior knowledge of the dog's dangerous propensities. Government entity premises liability claims are governed by the California Tort Claims Act (Gov. Code §§ 810–996.6) and require compliance with mandatory administrative claim procedures before a lawsuit can be filed.
For victims of intentional harm or particularly egregious property owner negligence, we pursue punitive damages under Civil Code § 3294 to hold wrongdoers accountable beyond mere compensatory measures. Damages in premises liability cases include not only medical costs and lost wages but non-economic losses — quality of life impairment, pain and suffering, and the long-term life care planning required by catastrophic or permanent injuries.