California Premises Liability Law 2025 – All You Need To Know

Under California premises liability law, property owners are responsible for keeping their properties safe for lawful guests and visitors. This means that if a property owner notices any element of their property that could foreseeably cause an injury, they must take immediate steps to address and fix the problem so the element cannot do so. Failing this, they could be held liable for an injury suffered on their property.

Duque & Price has years of experience helping California clients with all types of personal injury cases, including those filed under premises liability law. If you believe a private property owner in California is responsible for your recent injuries, we can explain California’s premises liability law and how it applies to your situation. Our goal for every client we represent is maximum compensation for their damages.

Know Your Rights Under California Premises Liability Law

Property owners in California have a legal obligation to address any foreseeable safety hazard that might injure a lawful guest or visitor. This means that once they notice a safety issue, they must fix it immediately, post a clearly visible warning sign, or provide visitors with clear verbal warnings about the hazard. If they fail to take any such steps, they are liable for any resulting injuries.

Property owners only owe this duty of care to parties they have given express or implied permission to enter their property. For example, if they invite relatives to visit, they are responsible for addressing any foreseeable safety issues their guests might encounter while on their property. Implied permission for postal workers and utility workers means they may need to clear walking paths and other potential hazards to prevent injuries.

It is important to understand that property owners do not owe any duty of care to intruders or trespassers. Because they do not have permission to enter the property, the property owner cannot be held liable for any injuries unlawful visitors suffer while on their property. The only potential exception to this would be a child who wanders onto a property and suffers an injury. If this is a risk for a property owner, they are required to take steps to prevent such injuries.

Premises liability cases in California may pertain to slip and fall accidents, dog attacks, or injuries resulting from negligent security. In a negligent security case, the victim usually suffers harm from some type of criminal act committed by a third party, but this was only able to occur because the property owner did not have proper security measures in place.

Recovering Compensation in a Premises Liability Case

If you believe that you have grounds to file a premises liability case in California, it is vital to secure legal representation from an attorney who has proven experience handling these cases. The right attorney can help you hold the property owner accountable, and their help could be invaluable if liability for the accident is contested.

Your recovery may involve an insurance claim. For example, you could have grounds to file a claim to the property owner’s insurance carrier, but dealing with insurance carriers can be very difficult as they will look for any and all ways they can find to justify denying or devaluing your claim.

If you can file a personal injury case, it is possible that you could recover compensation for medical bills, lost wages, and your pain and suffering. When you hire Duque & Price to represent you, our goal will be to help you maximize your total compensation as efficiently as possible. Trust us to uncover the full range of economic and non-economic damages you are eligible to claim and provide ongoing support through all of your proceedings.

FAQs

Q: Who Is a Lawful Visitor Under California Premises Liability Law?

A: Under California premises liability law, a lawful visitor is anyone who has a property owner’s express or implied permission to enter their property, either for the property owner’s purposes or for the visitors’ purposes. For example, friends, relatives, and personal guests typically have permission to enter the property for the property owner’s purposes, whereas a mail carrier or utility worker would have implied permission to enter for their own purposes.

Q: Is a Liability Release Enforceable in California?

A: In California, a liability release is only enforceable if it is clearly worded, unambiguous, and explicit in its descriptions. Some property owners may require visitors to sign liability releases, and such a release may appear as a barrier to pursuing legal recourse if you have signed one. However, an experienced premises liability attorney can review your release to determine whether it is, in fact, enforceable under California law.

Q: How Much Compensation Can I Claim in a Premises Liability Case?

A: The amount of compensation you can claim in a premises liability case depends on the scope and severity of your damages. This is a type of personal injury case, so you would have the right to claim compensation for any economic and non-economic damages the defendant caused. Your attorney can help you calculate the potential value of your case, and you are more likely to maximize your recovery with an attorney’s assistance.

Q: Why Should I Hire a Premises Liability Lawyer?

A: You should hire a premises liability lawyer because your case may be more complex than it initially appears, and it is possible for you to encounter a wide range of difficult obstacles that you will not be able to resolve on your own. Hiring legal counsel means you can rest and recover while your attorney builds your case, manages filing deadlines, and prepares you for each new stage of your proceedings.

The team at Duque & Price can help you build a case against a property owner in California if you believe they are responsible for causing your recent injuries. We have the skill and experience necessary to provide effective legal counsel in the most challenging cases, so contact our team today and schedule a free consultation to learn how we can help with your case.

About The Author

Brent A. Duque

From humble beginnings and son of hard-working immigrant parents, Brent Duque was raised in La Puente, California. After graduating from West Covina High School and Mt. San Antonio College, Mr. Duque went on to graduate from Cal State University Fullerton with a Bachelors degree in Political Science. After obtaining his undergraduate degree, Mr. Duque did his graduate studies in Education and Public Administration at California Polytechnic University Pomona. After working for other firms, Mr. Duque knew that if he opened his own firm, he could provide more aggressive representation, better communication with clients, and secure larger settlements and verdicts for his clients. In 2006, he started his firm and has had a remarkable and successful career that he attributes to his firm’s aggressive and relentless pursuit of justice for his clients. As owner and managing attorney of the firm, Mr. Duque has fought for and secured millions of dollars for his clients.

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