A property owner's duty of care is broad — and the failure to meet it can result in life-altering injuries for visitors, tenants and even trespassers in some circumstances.

California Civil Code § 1714 establishes that property owners owe a general duty of care to maintain their premises in a reasonably safe condition. This duty applies to homeowners, businesses, landlords, government entities and commercial property owners. When that duty is breached and someone is injured, the property owner may be held liable for all resulting damages.

Premises liability cases come in many forms — slip and fall accidents, negligent security failures that enable violent crime, swimming pool and recreational facility accidents, construction site hazards and dog bites. Each involves a specific factual inquiry into what the owner knew or should have known, and whether they took reasonable steps to address the danger. In establishing liability, we employ coefficient of friction analysis to demonstrate the inadequacy of flooring surfaces, and identify building code violations that confirm a property failed to meet legally required safety standards. We establish constructive notice — proving the property owner knew or should have discovered the hazard through reasonable inspection — even where no complaints were formally logged.

Eagan Law handles premises liability cases on a contingency fee basis — no attorneys' fees unless a recovery is made. Todd Eagan is personally involved at every stage of the matter.

General Duty of Care — Civil Code § 1714

California property owners have a general duty of reasonable care to inspect and maintain their premises and to warn visitors of known hazards. This duty was expanded by Rowland v. Christian, 69 Cal. 2d 108 (1968) and applies broadly across property types and visitor categories.

Negligent Security Liability

Property owners and businesses have a duty to provide adequate security where criminal activity is foreseeable. Failure to do so — through inadequate lighting, security personnel or access controls — can create liability for injuries caused by third-party criminal acts.

Contingency Fee — No Recovery, No Fee

Eagan Law handles personal injury matters including premises liability claims on a contingency basis. There are no attorneys' fees unless a recovery is obtained. Consultations are completely confidential.

Premises Liability Claims We Handle

01

Slip, Trip & Fall Accidents

Slip and fall accidents on wet floors, uneven surfaces, broken stairs or poorly maintained walkways are among the most common premises liability claims in California. The key questions are whether the owner knew or should have known about the dangerous condition and whether they took reasonable steps to address it before the injury occurred.

  • Wet floor slip and fall claims
  • Uneven pavement and sidewalk claims
  • Stairway and handrail failure claims
  • Parking lot and garage falls
  • Retail and commercial establishment falls
02

Negligent Security

Where criminal activity is foreseeable — because of prior incidents at or near the property, the nature of the business or the neighborhood — property owners must take reasonable security measures. When they fail to do so and a visitor is harmed, the property owner may share liability with the attacker.

03

Swimming Pool & Recreational Accidents

California has specific statutory requirements for swimming pool barriers and safety features. Violations of these requirements can establish negligence per se — eliminating the need to prove the general duty of care element. Recreational facility accidents involving gym equipment, amusement attractions or sports facilities may also give rise to premises liability claims.

  • Residential and commercial pool accidents
  • Diving board and water feature injuries
  • Gym and fitness equipment accidents
  • Amusement park and recreational injury claims
  • Government-owned facility accidents
04

Dog Bites & Animal Attacks

California Civil Code § 3342 imposes strict liability on dog owners for bites occurring in public places or in private places where the victim was lawfully present. The owner is liable regardless of whether the dog had previously shown dangerous propensities — California's 'one bite rule' does not apply. Dog bite claims frequently involve significant injuries and may include claims against landlords and property managers in some circumstances.

  • Dog bite strict liability claims
  • Landlord liability for tenant dog attacks
  • Dog attacks on neighbors and visitors
  • Animal attack injuries in public spaces
  • Claims against property managers

Pursuing Full Recovery From Property Owners

Premises liability cases require immediate investigation — evidence disappears, surveillance footage is overwritten and conditions are remediated. Eagan Law moves quickly to preserve what matters.

1

Prompt Investigation Is Critical

Evidence in premises liability cases disappears quickly — surveillance footage is deleted, conditions are repaired and witnesses are difficult to locate later. Early legal action preserves evidence and protects the integrity of the claim.

2

All Responsible Parties Identified

Premises liability claims can involve multiple responsible parties — property owners, management companies, tenants, security contractors and maintenance vendors. Identifying all parties with potential liability is essential to maximizing recovery.

3

Full Scope of Damages Pursued

A serious premises liability injury may result in long-term medical treatment, lost income, reduced earning capacity and ongoing pain and suffering. Eagan Law accounts for the full scope of present and future damages from the outset of the matter.

4

Personal Involvement at Every Stage

Todd Eagan is personally involved in every matter at the firm. In premises liability cases — where case-specific facts drive the outcome — direct partner-level engagement from day one makes a material difference.

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.

Frequently Asked Questions

What does a California property owner have to do to be liable for my injury?

Under California law, a property owner must exercise reasonable care to inspect and maintain their premises in a safe condition and to warn visitors of known hazards. Liability requires showing that the owner knew or reasonably should have known about the dangerous condition, that they failed to address it, and that this failure caused your injury. The owner need not have created the danger — failure to discover and remedy a foreseeable hazard is sufficient.

Can I sue a property owner if I was assaulted by someone else on their property?

Yes, in many cases. California's negligent security doctrine holds property owners liable for third-party criminal attacks where the owner knew or should have known criminal activity was foreseeable — based on prior incidents, the nature of the business or the surrounding area. If the owner failed to provide adequate lighting, security personnel, cameras or access controls given the foreseeable risk, they may share liability for your injuries.

Can I bring a claim if I slipped and fell in a grocery store or retail store?

Yes. Commercial property owners owe a duty of care to customers and must maintain their premises in a reasonably safe condition. In a retail setting, the store must inspect for dangerous conditions at reasonable intervals and address hazards promptly. The strength of a slip and fall claim depends on how long the dangerous condition existed before the fall, whether the store had actual or constructive notice of it and whether you contributed to the accident.

Am I limited in what I can recover if I was partly at fault for my fall?

No — California's pure comparative fault rule allows you to recover damages even if you were partially at fault. Your recovery is reduced by your percentage of fault. For example, if you were found 25% at fault for failing to watch where you were walking and your total damages are $100,000, you would recover $75,000. Insurers frequently try to assign exaggerated fault percentages to injured plaintiffs to reduce their exposure — Eagan Law counters these tactics with evidence.

How long do I have to bring a premises liability lawsuit in California?

The statute of limitations for premises liability personal injury claims is generally two years from the date of the injury (CCP § 335.1). For claims against government entities, a government tort claim must be filed within six months of the incident. For minors, the limitations period may be tolled until age 18. 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. Surveillance footage and incident reports are typically preserved for short periods — early legal involvement is critical.

Discuss Your Matter

Evidence in premises liability cases disappears quickly. All consultations are completely confidential — and there is no fee unless we recover for you.

Service Areas
Santa MonicaBeverly Hills MalibuPacific Palisades Los AngelesWest Hollywood Bel AirStudio City
(310) 304-3302 Free Consultation