Home What Is the Law on Premises Liability in California?

What Is the Law on Premises Liability in California?

Reading Time: 6 Minutes

October 20, 2025Elvis Goren

California premises liability starts with one critical statute. Civil Code Section 1714(a) states: “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property.”

This single sentence creates massive legal obligations. It means property owners must exercise “ordinary care” in managing their property. But what does ordinary care actually mean?

California courts define ordinary care as what a reasonably prudent person would do under similar circumstances. If you own an apartment building, ordinary care means regular inspections for hazards. If you run a grocery store, it means checking floors for spills and cleaning them promptly. The standard adjusts to the situation but always requires active vigilance.

Beyond Basic Negligence

Section 1714 goes further than many realize. The statute doesn’t just cover obvious hazards you created. Property owners must also discover and address dangerous conditions that develop over time. California jury instructions (CACI 1001) spell this out clearly: owners must “use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could be reasonably expected to harm others.”

This creates an affirmative duty to inspect. You can’t claim ignorance about a broken stair or cracked sidewalk if reasonable inspection would have revealed it.

Who Does California Premises Liability Law Apply To?

Different properties carry different legal obligations:

Commercial properties: Businesses open to the public face the highest duty of care. Stores, restaurants, and hotels must conduct regular safety inspections. They can’t wait for customers to report hazards. California courts expect proactive safety measures because businesses invite the public in for profit.
Residential properties: Homeowners and landlords have duties too, though slightly different. Landlords must maintain common areas and respond to known hazards in rental units. Even social hosts owe guests reasonable care, though juries might expect less rigorous inspection than from businesses.
Government properties: Public entities operate under special rules. The California Tort Claims Act requires filing a claim within six months of injury before suing. Government entities also enjoy certain immunities, like design immunity for approved public works projects.

The Three Types of Visitors

Here’s where California breaks from most states. The landmark Rowland v. Christian decision in 1968 eliminated the traditional invitee-licensee-trespasser distinctions. The court declared: “A man’s life or limb does not become less worthy of protection by the law… because he has come upon the land of another without permission.”

Today, California property owners owe a general duty of reasonable care to everyone on their property. Yes, even trespassers. The visitor’s status might influence what’s “reasonable,” but it doesn’t eliminate the duty entirely.

This radical departure makes California one of the most plaintiff-friendly states for premises liability claims.

Legal Requirements and Obligations

California law imposes specific obligations on property owners:

Inspect regularly: Reasonable inspection schedules depend on the property type. A busy supermarket might need hourly floor checks. A private home might only need periodic maintenance reviews.
Fix or warn: When owners discover hazards, they must either repair them or provide adequate warnings. A “Wet Floor” sign might suffice temporarily, but permanent hazards need permanent solutions.
Anticipate foreseeable risks: If prior incidents make certain dangers predictable, owners must take preventive action. Three assaults in your parking lot? You probably need security measures.

The law even extends to third-party criminal acts. Property owners can be liable for inadequate security if crimes were reasonably foreseeable based on prior similar incidents.

What Injured Parties Must Prove

To win a premises liability case in California, injured parties must establish:

The defendant owned, leased, occupied, or controlled the property.
The defendant was negligent in property maintenance or use.
The plaintiff was harmed.
The defendant’s negligence was a substantial factor in causing the harm.

California follows pure comparative negligence, meaning injured parties can recover even if they’re partially at fault, though their recovery gets reduced by their fault percentage.

Premises Liability Legal Cases in California

Recent California appellate decisions show how these principles work:

Montes v. YMCA of Glendale (2022): An intoxicated tenant accessed an apartment building’s roof through an unlocked door and fell to his death. The court ruled the property owner had no duty because the danger of falling from a roof was open and obvious, and the tenant had no legitimate reason to be there. This case established that obvious dangers don’t always require warnings when there’s no necessity to encounter them.

Sandoval v. Qualcomm Inc. (2021): The California Supreme Court held that property owners who hire independent contractors generally aren’t liable for injuries to the contractor’s employees. The injured worker’s remedy lies in workers’ compensation unless the property owner actively contributed to the hazard or concealed dangers.

These cases illustrate California’s nuanced approach. While the law favors injured parties, property owners have meaningful defenses when they act reasonably.

Defenses and Limitations

Property owners aren’t helpless against premises liability claims. Key defenses include:

Open and obvious dangers: If a hazard is so apparent that any reasonable person would see and avoid it, owners might not need to warn about it. But this defense fails if people must encounter the danger despite its obviousness.
Assumption of risk: Participants in inherently dangerous recreational activities often can’t sue for injuries from known risks. California Civil Code Section 846 specifically protects landowners who allow free recreational use of their property.
Trivial defects: Minor imperfections like sidewalk cracks under ¾ inch often don’t create liability. Courts recognize that property owners can’t maintain perfectly level surfaces everywhere.

Time Limits for Filing Claims

California’s statute of limitations for premises liability is two years from the injury date. But claims against government entities require filing an administrative claim within six months. Missing these deadlines usually means losing your right to sue, regardless of your case’s merit.

Understanding Your Rights and Responsibilities

California premises liability law creates a careful balance. Property owners face broad obligations to maintain safe premises and protect visitors from foreseeable harm. But they’re not insurers against every possible injury.

Meanwhile, injured parties have strong rights to seek compensation, even when partially at fault. California’s pure comparative negligence system and elimination of visitor status categories create more opportunities for recovery than in most states.

Whether you’re a property owner concerned about liability or someone injured on another’s property, understanding these legal frameworks is crucial. The law’s complexity and high stakes make professional legal consultation essential for navigating specific situations.

California’s approach reflects a fundamental principle: property ownership comes with responsibility for others’ safety. How courts apply that principle continues evolving through new cases and circumstances, but the core duty of reasonable care remains constant.

About the Author

Elvis Goren

Elvis Goren is the Organic Growth Manager at DK Law, bringing over a decade of content and SEO expertise from Silicon Valley startups to the legal industry. He champions a human-first approach to legal content, crafting fun and engaging resources that make complex injury law topics resonate with everyday readers while driving meaningful organic growth.