What Is Premises Liability?

Premises liability is the area of law that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. Under California Civil Code § 1714, property owners have a duty to exercise reasonable care in maintaining their premises — and when they fail to do so, they can be held liable for any injuries that result.

These cases go far beyond simple "slip and fall" accidents. Premises liability covers injuries caused by unsafe building conditions, inadequate maintenance, defective structures, hazardous materials, and even criminal acts that occur due to negligent security. At Taylor Solano & Associates, we've been fighting for premises liability victims since 2003, and we know how to prove that a property owner's negligence caused your injuries.

California's Duty of Care Depends on Your Status

Under California law, a property owner's legal responsibility varies based on the injured person's reason for being on the property. Understanding your status is key to determining the strength of your claim:

Invitees Highest Duty Customers, clients, and business visitors. Owner must inspect for and fix all hazards.
Licensees Moderate Duty Social guests and others with permission. Owner must warn of known dangers.
Trespassers Limited Duty Uninvited persons. Owner cannot willfully harm; higher duty owed to child trespassers.

Types of Premises Liability Cases We Handle

We have experience with a wide range of property injury claims, including:

Slip and Fall Accidents

Wet floors, spilled liquids, freshly mopped surfaces, uneven flooring, loose rugs, and icy walkways that cause falls resulting in broken bones, head injuries, and back problems.

Trip and Fall Hazards

Cracked sidewalks, potholes, exposed cables and cords, uneven pavement, cluttered aisles, and poorly maintained walkways.

Stairway and Elevator Injuries

Missing handrails, broken steps, uneven risers, defective elevators, and poorly lit stairwells that lead to serious falls.

Falling Objects and Debris

Unsecured merchandise, collapsing shelving, construction debris, and improperly stored materials in retail stores, warehouses, and construction sites.

Inadequate Security

Assaults, robberies, and other criminal acts that occur on property where the owner failed to provide adequate lighting, security cameras, locks, or security personnel.

Swimming Pool Accidents

Drownings, near-drownings, and diving injuries caused by missing fences, broken gates, lack of supervision, or defective drains — particularly involving children.

Toxic Exposure

Exposure to mold, asbestos, lead paint, chemical spills, and other hazardous substances on residential or commercial property.

Construction Site Injuries

Falls, electrocution, struck-by accidents, and caught-between injuries caused by unsafe conditions on job sites where the property owner failed to ensure safety.

California's Comparative Negligence Rule Applies

Even if you were partially at fault for your injury — for example, if you were looking at your phone when you tripped — California's pure comparative negligence rule allows you to recover damages. Your recovery is reduced by your percentage of fault but never eliminated. Insurance companies aggressively argue that victims "should have been more careful." We push back on that narrative and fight to keep your fault percentage as low as possible.

What to Do After an Injury on Someone's Property

1

Get Medical Attention Immediately

Even seemingly minor falls can cause concussions, fractures, and soft tissue injuries that worsen over time. Prompt medical treatment creates the documentation you'll need for your claim.

2

Report the Incident to the Property Owner or Manager

Ask that a written incident report be filed. Get a copy for your records. If you're at a business, ask to speak with a manager and ensure the report includes the specific hazard that caused your injury.

3

Document the Scene

Take photos and video of the hazard that caused your injury — the wet floor, broken step, poor lighting, or whatever the condition was. If possible, photograph it before it's cleaned up or repaired. Get contact information from any witnesses.

4

Preserve Your Clothing and Shoes

Don't throw away or wash the clothing and shoes you were wearing. They can serve as evidence — for example, showing that your shoes had adequate traction.

5

Contact Taylor Solano & Associates

Property owners and their insurers move quickly to minimize claims. We can send a preservation letter to prevent surveillance footage and incident reports from being destroyed, and we'll handle all communication with the property owner's insurer on your behalf.

Compensation You May Be Entitled To

Premises liability injuries can be life-altering — especially falls that cause traumatic brain injuries, spinal cord damage, or hip fractures in older adults. We pursue every available category of damages:

✦ Past and future medical expenses
✦ Surgery and rehabilitation costs
✦ Lost wages and earning capacity
✦ Pain and suffering
✦ Emotional distress
✦ Disability and disfigurement
✦ Loss of consortium
✦ Wrongful death damages

We Fight for Premises Liability Victims

At Taylor Solano & Associates, we investigate every aspect of your case — from the property owner's maintenance records and prior complaints to surveillance footage and building code violations. We work to establish that the property owner knew or should have known about the dangerous condition and failed to act. Whether the injury occurred at a grocery store, apartment complex, shopping mall, restaurant, parking lot, or private residence, we have the experience to build a compelling case and get you the compensation you deserve.

We serve premises liability clients throughout the Bay Area and Central Valley, with offices in Hayward and Tracy. Your consultation is free, and you pay nothing unless we win.

Frequently Asked Questions

Premises liability holds property owners and occupiers responsible for injuries caused by unsafe conditions on their property. Under California Civil Code § 1714, owners must exercise reasonable care to keep their property safe. This applies to homeowners, landlords, businesses, government entities, and anyone who owns or controls a property where others may be present.
Yes, if the owner knew or should have known about the hazardous condition and failed to fix it or warn you. The key question is whether the property owner acted reasonably. If a spill sat on the floor for an extended period without being cleaned up, or if a broken step went unrepaired despite prior complaints, those are strong indicators of negligence.
California follows a pure comparative negligence rule, meaning you can still 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 and your damages total $200,000, you could still recover $150,000. Insurance companies will aggressively try to blame you — an experienced attorney counters this strategy.
The statute of limitations for personal injury claims in California is two years from the date of the injury. If the property is owned by a government entity — such as a city sidewalk, public building, or government-owned facility — you may need to file a government tort claim within just six months. Contact an attorney promptly to ensure your deadlines are met.
Yes. Businesses owe the highest duty of care to their customers and visitors (classified as "invitees" under the law). They must actively inspect for hazards and correct them promptly. If a grocery store fails to clean up a spill, a restaurant ignores a broken floor tile, or a retailer allows boxes to obstruct aisles, they can be held liable for injuries that result.
Yes. Taylor Solano & Associates proudly serves the Spanish-speaking community throughout the Bay Area and Central Valley. We provide consultations and full case support in Spanish. Visit our dedicated Spanish-language website at lineadeayuda.com.