Premises Liability Lawyer Los Angeles, CA
When you’re invited onto someone’s property—a store, a restaurant, an apartment building, a hotel, a concert venue—you have a right to expect that property to be reasonably safe. You shouldn’t have to worry about falling through a broken staircase, being assaulted because of inadequate security, drowning in an unguarded pool, or being crushed by a falling fixture.
Property owners in California have a legal duty to maintain safe premises. When they fail—through negligence, cost-cutting, or indifference—they’re responsible for the injuries that result.
Premises liability covers a broad range of accidents: slip and falls, inadequate security, swimming pool accidents, elevator and escalator injuries, falling objects, toxic exposures, and more. These cases require proving that the property owner knew or should have known about the dangerous condition and failed to address it.
Cohen Injury Law Group represents premises liability victims throughout Los Angeles County. As a Los Angeles personal injury law firm with decades of experience, we understand the legal framework that holds property owners accountable. Wayne R. Cohen has tried cases for more than three decades. He knows how to build cases that prove property owner negligence.
We work on contingency. You pay nothing unless we recover compensation. If you need a Los Angeles premises liability lawyer, call us for a free consultation.
California Premises Liability Law
Property owners and occupiers in California owe visitors a duty of care. This duty comes from California Civil Code Section 1714, which states that everyone is responsible for injuries caused by their failure to exercise ordinary care.
For premises liability claims, this means property owners must:
- Keep their property in a reasonably safe condition
- Inspect for dangerous conditions
- Repair hazards within a reasonable time
- Warn visitors of dangers that can’t be immediately fixed
The legal analysis focuses on two questions:
Did a dangerous condition exist? Not every accident on property creates liability. The condition must have posed an unreasonable risk of harm.
Did the owner know or should they have known? This is the notice requirement. Actual notice means direct knowledge. Constructive notice means the condition existed long enough that reasonable inspection would have discovered it.
The landmark case Rowland v. Christian established that California uses a general negligence standard for premises liability, considering factors like the foreseeability of harm, the burden of preventing injury, and public policy considerations.
Types Of Premises Liability Cases We Handle
Premises liability encompasses many types of accidents beyond simple slip and falls:
- Slip, trip, and fall accidents. Wet floors, uneven surfaces, defective stairs, poor lighting, cluttered walkways. The most common premises liability claim. Property owners must maintain walking surfaces and warn of hazards they can’t immediately fix.
- Negligent security. Assaults, robberies, rapes, and murders that occur because property owners failed to provide adequate security. Apartment complexes, parking garages, hotels, shopping centers, and entertainment venues may be liable when foreseeable criminal activity occurs due to inadequate security measures.
- Swimming pool accidents. Drowning, near-drowning, diving injuries, slip and falls on pool decks. California’s Swimming Pool Safety Act and local building codes impose specific safety requirements on pool owners.
- Elevator and escalator accidents. Sudden stops causing falls, doors closing on passengers, misleveled floors at landings, escalator entrapments. Building owners and maintenance companies share responsibility for elevator safety.
- Falling objects. Merchandise falling from shelves, fixtures detaching from ceilings, construction debris, improperly secured items. Property owners must ensure items are safely stored and secured.
- Structural failures. Balcony collapses, deck failures, stair collapses, ceiling cave-ins. Negligent construction, maintenance, or inspection creates liability.
- Toxic exposure. Mold, lead paint, asbestos, carbon monoxide, chemical fumes. Property owners may be liable for exposing visitors or tenants to toxic substances.
- Fire injuries. Inadequate fire safety systems, blocked exits, failure to maintain fire suppression equipment. Building code violations create liability when fires cause injuries.
- Dog bites on property. Property owners may be liable for dog attacks that occur on their premises, especially if they knew a dangerous dog was present. California imposes strict liability on dog owners under Civil Code Section 3342.
- Amusement park and attraction injuries. Ride malfunctions, inadequate warnings, unsafe conditions. LA’s theme parks and attractions owe visitors heightened duties of care.
- Parking structure accidents. Falls, vehicle strikes, assaults. Parking structures present multiple hazards that owners must address.
Negligent Security: A Growing Area Of Premises Liability
Los Angeles sees significant violent crime, and property owners who fail to provide adequate security can be held liable when that crime was foreseeable and preventable.
Negligent security claims arise when:
- The property owner knew or should have known of criminal activity risk
- Reasonable security measures would have prevented or reduced the harm
- The lack of security was a substantial factor in causing the injury
Evidence of foreseeability includes:
- Prior crimes on the property or in the immediate area
- Crime statistics for the neighborhood
- Security assessments or recommendations that were ignored
- Industry standards for security at similar properties
Common negligent security scenarios in Los Angeles:
- Apartment complex assaults where gates don’t work and lighting is inadequate
- Parking garage robberies where security cameras are broken or unmonitored
- Hotel room invasions where door locks are defective
- Nightclub violence where bouncers are inadequate or poorly trained
- Shopping center crimes where security presence is insufficient
Negligent security cases require expert testimony on what security measures were reasonable and how adequate security would have prevented the crime.
Property Owner Duties To Different Visitors
California law recognizes different categories of visitors, affecting the duty owed:
Invitees (business visitors). Customers in stores, diners in restaurants, hotel guests, apartment tenants, concert attendees. Property owners owe invitees the highest duty of care—they must actively inspect for hazards, repair dangerous conditions, and warn of dangers they can’t immediately fix.
Licensees (social guests). People invited for non-business purposes. Property owners must warn of known hazards but don’t have the same duty to actively search for dangers.
Trespassers. Generally, property owners owe no duty to trespassers except to avoid willful harm. Important exceptions exist:
- Children attracted by dangerous conditions (the “attractive nuisance” doctrine)
- Known trespassers in specific areas
- Discovered trespassers in peril
Most premises liability cases involve invitees—customers, tenants, and guests who were rightfully on the property for business purposes.
Common Locations For Premises Liability Incidents In Los Angeles
Retail stores and shopping centers. The Grove, Beverly Center, Westfield properties, countless strip malls and standalone stores. Slip and falls, falling merchandise, inadequate security in parking areas.
Apartment complexes. Los Angeles has millions of renters. Landlords must maintain common areas, provide adequate security, and address known hazards. Stairway falls, pool drownings, assaults in parking areas, and toxic exposures all create liability.
Hotels and motels. From luxury hotels to budget motels, premises liability claims arise from room hazards, pool accidents, security failures, and common area dangers.
Restaurants and bars. Wet floors, uneven surfaces, falling objects, inadequate security, over-service of alcohol leading to fights.
Office buildings. Elevator accidents, lobby falls, parking structure incidents, inadequate security.
Entertainment venues. Dodger Stadium, SoFi Stadium, Hollywood Bowl, concert venues, theaters. Large crowds create unique hazards. Venue operators owe duties to ensure patron safety.
Healthcare facilities. Patient falls, visitor injuries, security incidents. Hospitals and clinics have heightened duties given their patient populations.
Government properties. Parks, libraries, courthouses, sidewalks. Claims against government entities require filing under the California Government Claims Act within six months.
Construction sites. Visitors and passersby injured by construction hazards may have premises liability claims in addition to construction negligence claims.
Proving A Premises Liability Case
Success requires establishing four elements:
Duty. The property owner owed you a duty of care. For invitees, this is the highest duty—maintaining safe premises and actively inspecting for hazards.
Breach. The owner breached that duty by allowing a dangerous condition to exist, failing to repair it, or failing to warn of it.
Causation. The dangerous condition caused your injuries. The defense will argue your injuries resulted from something else.
Damages. You suffered actual harm. Medical bills, lost wages, pain and suffering.
The crucial battle in premises liability cases is typically over notice—proving the owner knew or should have known about the dangerous condition. A premises liability attorney in Los Angeles builds notice through:
- Surveillance footage showing how long the hazard existed
- Maintenance records revealing inspection failures
- Prior incident reports showing the owner knew of similar hazards
- Employee testimony about policies and observations
- Expert testimony on industry standards for inspection and maintenance
- Building code violations establishing negligence per se
Damages In Los Angeles Premises Liability Cases
Victims can recover:
Medical expenses. Emergency care, hospitalization, surgery, rehabilitation, medications, future treatment. Serious premises liability injuries—traumatic brain injuries, spinal cord damage, assault injuries—require extensive medical care.
Lost income. Wages lost during recovery. Future lost earning capacity if injuries affect your ability to work.
Pain and suffering. Physical pain and emotional distress. The California Civil Jury Instructions guide how juries value these non-economic damages.
Emotional distress. Particularly significant in assault cases, where psychological trauma may exceed physical injuries.
Loss of enjoyment. If injuries prevent activities you previously enjoyed.
Disability and disfigurement. Permanent impairments and visible scarring.
Wrongful death. If a premises liability incident is fatal, families can recover funeral costs, lost support, and loss of companionship.
Punitive damages. In cases involving intentional misconduct or conscious disregard for safety, punitive damages may apply.
Frequently Asked Questions About Los Angeles Premises Liability Claims
What’s The Difference Between Premises Liability And Negligence?
Premises liability is a specific type of negligence involving dangerous property conditions. The same legal principles apply—duty, breach, causation, damages—but premises liability focuses specifically on a property owner’s responsibility to maintain safe premises.
How Do I Prove The Property Owner Knew About The Hazard?
Through evidence: surveillance footage, maintenance logs, prior incident reports, employee testimony, inspection records. If the hazard existed long enough that reasonable inspection would have discovered it, constructive notice exists. A premises liability lawyer obtains this evidence through investigation and discovery.
What If I Was Partially At Fault For My Injury?
California’s pure comparative negligence system allows recovery even if you share fault. Your compensation is reduced by your percentage of responsibility. Even significant fault doesn’t bar your claim entirely.
How Long Do I Have To File A Premises Liability Lawsuit?
Two years from the injury under California Code of Civil Procedure Section 335.1. Claims against government entities require administrative claims within six months. Evidence disappears quickly—don’t delay.
Can I Sue For An Assault That Happened On Someone’s Property?
Potentially. If the property owner failed to provide reasonable security and the assault was foreseeable based on prior incidents or crime rates in the area, negligent security claims are viable. You can sue both the assailant (criminally and civilly) and the property owner.
What If I Was Injured At A Friend’s House?
You may have a claim if a dangerous condition caused your injury and your friend (or their landlord) knew about it. These cases can be socially complicated but legally valid.
What If A Landlord Refuses To Fix A Dangerous Condition?
Document your complaints in writing. If you’re injured after reporting a hazard, written documentation of your complaints strongly supports constructive notice. California law imposes habitability duties on landlords under Civil Code Section 1941.
Can I Sue A Government Entity For Dangerous Public Property?
Yes, but strict rules apply. You must file an administrative claim within six months under the California Government Claims Act. The California Courts Self-Help Guide explains the process.
What If I Was Injured At An Airbnb Or Vacation Rental?
Both the property owner and potentially the platform may have liability depending on circumstances. These cases involve complex questions about who controls the property and what duties each party owes.
Do I Need A Lawyer For A Premises Liability Case?
Not legally required, but premises liability cases require proving notice—often the most contested element. An experienced Los Angeles injury lawyer knows how to build notice through evidence and typically recovers more than unrepresented claimants.
What If The Property Owner Has No Insurance?
You can still pursue a claim. If the owner has assets, you can collect from them directly. In some cases, other parties—management companies, contractors, parent corporations—may have insurance that covers the incident.
How Long Will My Case Take?
Simple cases with clear liability might settle in months. Complex cases with disputed notice or serious injuries take longer—often one to two years. We don’t rush settlements that undervalue claims.
What If There Were No Witnesses To My Accident?
Cases without witnesses are harder but not impossible. Surveillance footage, physical evidence, prior incident reports, and your own documented injuries can establish what happened. Expert testimony may help reconstruct the incident.
Can I Sue If I Was Injured During A Crime I Was Committing?
Generally no. California law bars recovery for injuries sustained during the commission of a felony. Limited exceptions may apply in some circumstances.
What’s An “Attractive Nuisance”?
A dangerous condition that attracts children—swimming pools, trampolines, construction equipment. Property owners owe special duties to protect children from attractive nuisances, even if the children are technically trespassing.
Premises Liability Statistics
Property-related injuries are common:
From the CDC:
- Falls cause over 36 million injuries annually among older adults
- Falls are the leading cause of injury death for people 65+
- Over 8 million fall-related emergency room visits annually
From the National Floor Safety Institute:
- Falls account for over 8 million ER visits annually—more than any other cause
- Floors and flooring materials contribute to over 2 million fall injuries yearly
From the Consumer Product Safety Commission:
- Elevators and escalators cause approximately 17,000 injuries annually
- Swimming pools cause over 6,000 hospitalizations annually for non-fatal drowning injuries
The Bureau of Labor Statistics tracks workplace premises injuries, showing slips, trips, and falls among the leading causes of occupational injuries.
Why Hire Cohen Injury Law Group For Your Los Angeles Premises Liability Case?
We handle all premises liability claims. Slip and falls, negligent security, pool accidents, elevator injuries, toxic exposure. Whatever dangerous condition caused your injury, we have experience with that type of case.
We prove notice. The central challenge in premises liability is showing the owner knew or should have known. We build this evidence through thorough investigation and aggressive discovery.
We take on major property owners. Corporations, REITs, government entities, hotel chains. Large property owners have legal teams and insurance adjusters. We match their resources.
Trial experience. Insurance companies know which premises liability attorneys will actually try cases. Wayne R. Cohen has tried cases for over three decades. That reputation affects how they negotiate.
No fee unless we win. Contingency only. We advance all costs.
What our clients say:
⭐⭐⭐⭐⭐ “Mr. Cohen was not only incredibly knowledgeable, but very personable. I was surprised at how he really listened and considered every aspect of my situation with understanding as if it were his own. He never made me feel like my questions were wasting his time, and I found this refreshing compared to other lawyers I reached out to. I never felt rushed. I highly recommend reaching out if you need your case handled with experience and understanding.”
Schedule A Free Consultation With A Los Angeles Premises Liability Attorney
If you were injured on someone else’s property in Los Angeles County, we’ll evaluate your case for free. You pay nothing unless we recover compensation.
We represent premises liability victims throughout Los Angeles—retail stores, apartment complexes, hotels, entertainment venues, office buildings, and anywhere property owner negligence causes injuries.
Contact our Los Angeles premises liability lawyers today for a free consultation.