What Makes a “Dangerous” Property? – Top 7 Premises Liability Risks

Key Takeaways:

• Property Owners Have a Broad Legal Duty in California

  • Property owners and occupiers must maintain safe conditions and fix or warn about known hazards.

  • This duty applies to nearly everyone lawfully on the premises – including guests, customers, and in some cases, even trespassers.

• Dangerous Conditions Cause Thousands of Preventable Injuries

  • Hazards like wet floors, broken stairs, poor lighting, unsecured pools, and dog attacks are leading causes of injury.

  • These risks are common and often result in serious harm, especially when left unaddressed, making property owners potentially liable for negligence.

• Victims Can Recover Damages by Proving Negligence

  • To win a premises liability claim, an injured person must show that the property owner was negligent and that this negligence caused their injury.

  • An experienced California premises liability lawyer can investigate quickly, negotiate with insurers, and pursue full compensation.

Premises Liability in California

Have you ever tripped on a broken sidewalk or slipped on a wet grocery store floor? Accidents like these might seem like bad luck, but in many cases, they happen because someone failed to maintain a safe environment. In California, property owners have a legal duty to keep their premises safe – and when they don’t, people get hurt.

After a premises accident, legal guidance is crucial to protect your rights. At RMD Law, we’ve helped countless clients recover compensation after being injured due to dangerous conditions on someone else’s property. In this blog, we’ll walk you through what makes a property legally “dangerous,” the top hazards that cause injuries, and how California law protects victims in these situations.

A premises liability lawsuit can be filed against property owners, managers, or employers who fail in their legal duties. Whether you’re a property owner wanting to stay compliant or someone injured in a fall, here’s what you need to know.

What is Premises Liability?

Premises liability in California is a legal concept that holds property owners, or anyone in control of property, responsible if someone is injured due to a dangerous condition on their premises. It stems from the state’s broad negligence law, Civil Code § 1714, which requires everyone to use “ordinary care or skill” in managing their property to avoid harming others. In practice, this means an owner or occupier must keep the property reasonably safe by fixing hazards or warning visitors about them; failing to do so is considered negligence.

Premises liability law governs these cases and sets the standards for property owner responsibilities. California premises liability law, based on Civil Code § 1714, specifically sets out the duties of property owners to maintain safe conditions and prevent injuries.

To win a premises liability claim, an injured plaintiff must prove four key elements (as outlined in California’s official jury instructions):

• The defendant owned, leased, occupied, or controlled the property.

• The defendant was negligent in the use or maintenance of the property, including proving that the property owner knew or should have known about the dangerous condition.

• The plaintiff was harmed (suffered injury).

• The defendant’s negligence was a substantial factor in causing that harm.

These requirements mirror a standard negligence claim: duty of care, breach of duty, causation, and injury. Importantly, California law doesn’t limit this duty to title owners; even someone who simply possesses or controls the premises must exercise reasonable care. If they negligently allow unsafe conditions and someone gets hurt, they can be held liable for the injury.

What Qualifies as a “Dangerous” Property?

Not every minor defect or accident will make a property owner liable – the law focuses on dangerous conditions that the owner knew about (or should have known about) and failed to address. Unsafe property conditions are a key factor in determining liability, as property owners have a duty to maintain safe premises. A condition is generally considered dangerous if it creates a foreseeable risk of injury to people on the property.

Examples include things like a broken stair, a wet floor with no warning sign, exposed electrical wiring, or an aggressive dog on the loose. The key is negligence: specifically, property owner’s negligence in permitting the hazard to exist. In California, negligence in this context can mean “failure to maintain the property, failure to inspect or become aware of the dangerous condition, or failure to repair the dangerous condition”. In other words, a property becomes “dangerous” when an unaddressed hazard meets an unwary visitor.

Top 7 Premises Liability Risks

Certain hazards show up over and over in premises liability claims. These hazards often lead to premises liability accidents and premise liability claims, as property owners may be held responsible for injuries caused by unsafe conditions. Here are the top seven risks that can turn any property into an accident waiting to happen:

When pursuing a claim, it is crucial to document the liability injury thoroughly, as this evidence is essential for successful claims.

1. Wet or Slippery Floors

Slick surfaces from spills, mopping, rainwater, or leaks are one of the leading causes of slip-and-fall injuries. For example, a retail store owner has the responsibility to maintain safe floors by promptly cleaning up spills and placing warning signs to prevent accidents.

For example, a freshly mopped grocery store aisle with no “Wet Floor” sign can send a person tumbling. In fact, slips and falls cause over 1 million emergency room visits each year in the United States. Property owners are expected to dry wet areas promptly or at least post clear warnings.

2. Uneven Ground and Poor Maintenance

Broken stairs, loose or crumbling railings, potholes in parking lots, torn carpeting, uneven sidewalks, and poorly maintained parking lots are classic tripping hazards. In particular, a parking lot with cracks, potholes, or inadequate lighting can increase the risk of someone tripping or falling. If a step is missing or a handrail is shaky, a person could fall and suffer serious injuries. These structural issues often result from poor maintenance.

Property owners must regularly inspect and repair such hazards – failing to do so is negligent. For example, if a rotted stair gives way or a railing collapses, any resulting injury isn’t just an “accident” but likely the result of negligence in upkeep.

3. Inadequate Lighting

Darkness itself can be dangerous. Dim or burnt-out lights in stairwells, hallways, or parking lots can hide obstacles and hazards. A visitor who can’t see a broken step or an object on the floor is more likely to trip. Poor lighting can also contribute to security risks (by concealing lurking dangers).

Property owners should ensure that areas accessible to guests are well-lit, especially high-risk areas like stairs and building entrances. Simply replacing light bulbs or installing illumination is a basic safety step – failing to do so can be seen as a breach of the duty of care if injuries occur.

4. Negligent Security

Property owners must take reasonable measures to protect visitors from foreseeable crimes or attacks by third parties on their premises. This is especially true for businesses like hotels, malls, apartments, or parking garages. Negligent security might involve lack of proper locks or fencing, no security personnel in a high-crime area, or broken security cameras.

In California, if crimes (assaults, muggings, etc.) on a property were reasonably foreseeable, owners can be liable for not taking precaution. For example, a shopping center that had frequent prior incidents should warn patrons or hire security – if they don’t and someone is attacked, the victim may have a premises liability claim. The duty of a business owner includes taking reasonable steps to control or prevent wrongful acts by third parties that threaten invitees, when such acts are reasonably anticipate.

5. Dog Bites and Animal Attacks

An uncontrolled or aggressive animal on the property can be extremely dangerous. Dog bites are a common source of premises liability injuries. In the U.S., roughly 885,000 of people who are bitten by dogs each year require medical attention. Children are often victims of dog attacks.

California has a strict liability dog bite law: if a dog bites someone in a public place or lawfully on private property, the owner is liable, regardless of the dog’s past behavior. This means a bite victim usually doesn’t have to prove the owner was negligent – the very fact of the bite can make the owner responsible. Property owners should restrain or enclose pets (or warn visitors) to avoid liability for bites.

6. Swimming Pool Hazards

Pools are attractive amenities but pose serious risks, especially to young children. Drowning is tragically a leading cause of accidental death for children. In fact, more children ages 1–4 die from drowning than from any other cause of death in the U.S.. A swimming pool on the property without proper fencing, locked gates, alarms, or supervision is a recipe for disaster. California building codes require pools to have safety barriers for this very reason.

A property owner who leaves a pool accessible (for example, a broken latch on a pool gate or no fence at all) could be liable if a child wanders in and is hurt, even if that child was technically trespassing. Owners should treat pools and hot tubs as an “attractive nuisance” – something so enticing to children that extra precautions are needed to keep kids safe (more on this concept below).

7. Fire Hazards and Building Code Violations

Sometimes the danger on a property is not from falls or bites, but from things like fire, carbon monoxide, or structural collapse. Faulty wiring, overloaded circuits, blocked fire exits, missing smoke alarms, or improper storage of flammable materials can lead to fires or other disasters. Property owners must comply with safety codes, such as having functional smoke detectors and fire extinguishers in rentals.

If an apartment building doesn’t have an emergency fire escape or has barred windows with no quick release, tenants could be trapped in a fire. Similarly, weak structures (a collapsing balcony or deck) are extremely hazardous. These scenarios may not be as frequent as slips or trips, but when they occur, injuries are often severe. Failing to adhere to building safety standards or ignoring known fire risks can make an owner liable for resulting injuries. For example, if an old exposed wire sparks a blaze because the owner never repaired it, injured victims could sue for negligence.

Each of these seven categories represents a common way people get hurt due to property conditions. Often, these incidents are entirely preventable with proper care, maintenance, and attention from property owners or managers. Understanding these risks is crucial not only for property owners aiming to comply with California premises liability laws but also for visitors to recognize potential hazards.

By recognizing these common premises liability risks, property owners can take proactive steps to eliminate or mitigate hazards, thus reducing the likelihood of accidents and potential liability claims. For injury victims, awareness of these risks can support a premises liability accident claim by demonstrating that the property owner failed in their legal responsibility to maintain a safe environment.

Frequency of Premises Liability Incidents

Premises-related accidents happen more often than many realize. Each year, thousands of people sustain injuries due to hazardous property conditions, highlighting the widespread risk. Consider some eye-opening statistics:

• Falls: Slips, trips, and falls are among the most frequent causes of injury. Nationwide, falls account for over 8 million emergency room visits each year, making them the leading cause of ER visits (about 21% of all visits). Within that, slip-and-fall accidents alone make up more than 1 million ER visits annually. Falls can cause serious harm, especially to older adults – broken hips, concussions, and even fatal injuries. Many victims have suffered injuries requiring extensive medical attention. In 2022, falls (at home and work combined) caused 46,653 deaths in the U.S., second only to motor-vehicle accidents as a cause of accidental fatalities. These numbers highlight why property owners must address fall hazards promptly.

• Dog bites: As mentioned, millions of dog bites occur every year. Many are minor, but a significant number cause serious injury. Nearly one in five dog bite incidents require medical attention. Many victims have suffered injuries sustained from bites, sometimes needing reconstructive surgery (over 31,000 people underwent reconstructive surgery due to dog bites in one year). Small children often suffer severe facial injuries from bites, sometimes needing reconstructive surgery. This is why California’s law holds owners strictly liable – it’s a public safety issue.

• Drownings: Drowning is a relatively less common event overall, but when it comes to children, it’s a top risk around any property with water. Each year the U.S. sees an estimated ~4,000 fatal drownings and 8,000+ nonfatal drowning. For every fatal drowning, many more near-drownings can cause long-term injuries (like brain damage from lack of oxygen). These tragic events often happen in residential swimming pools. Proper pool fencing and alarms can be literal life-savers.

• Fires and Carbon Monoxide: Statistics from fire departments and safety agencies show thousands of home fires and CO poisonings occur annually due to property hazards. For example, electrical malfunctions are a leading cause of house fires. While exact injury counts vary year to year, the takeaway is clear: one unchecked hazard (like an exposed wire or a blocked exit) can put dozens of people in danger at once. Compliance with safety codes (smoke detectors, CO detectors, clear fire exits) dramatically reduces these incidents.

Hazardous property conditions are not rare freak occurrences, they contribute to countless injuries sustained every year. Knowing this underscores the importance of the California legal framework that holds property owners accountable.

California’s Premises Liability Legal Framework

California premises liability law is relatively plaintiff-friendly compared to some other states, because it imposes a broad duty of care on property owners. California premises liability law applies to all types of properties, including residential, commercial, and public spaces. The foundation is California Civil Code 1714, which states in part that everyone is responsible for injuries caused by their lack of ordinary care in the management of their property. California premises liability law is designed to protect visitors from harm by ensuring that property owners maintain safe conditions.

In the past, the law differentiated between types of visitors (like “invitees” versus “trespassers”) in determining an owner’s duty, but California largely did away with those rigid categories in the landmark case Rowland v. Christian (1968). In Rowland, the California Supreme Court held that landowners have a general duty of reasonable care toward all people on their property, regardless of labels. The proper test under premises liability law is whether the owner acted as a reasonable person would in managing the property, in view of the likelihood of injuries to others.

In practice, this means a property owner’s duty is to maintain the premises in a reasonably safe condition. If hazards exist, the property owner must repair them or give adequate warnings. There are a few nuanced exceptions where courts might limit this duty (for example, hazards that are very obvious, as discussed later under “comparative negligence”), but the default assumption is that the owner owes a duty of care.

To win a premises liability claim in California, an injured person has to prove the basic elements of negligence. According to the Judicial Council of California Civil Jury Instructions, the plaintiff must prove all of the following elements:

• Ownership or control: The defendant owned, leased, occupied, or controlled the property. (You can only hold someone liable if they had responsibility for the property’s condition. This could be the owner, a business tenant, a property management company, etc.)

• Negligence: The defendant was negligent in the use or maintenance of the property. In plain terms, they did not exercise reasonable care. Negligence can be shown by action or inaction – e.g., they caused a hazard, or knew (or should have known) about a danger and failed to fix or warn about it in a timely manner.

• Injury: The plaintiff was harmed on the property – they suffered actual injuries or losses (physical injury, and possibly related financial losses, pain and suffering, etc.).

• Causation: The defendant’s negligence was a substantial factor in causing the harm. This means you must link the injury to the unsafe condition. It’s not enough that you got hurt on someone’s property; you have to show it was because of the dangerous condition that the owner negligently allowed. (For example, if you slipped because of a puddle the owner ignored, and broke your arm, the negligence caused the injury. But if you had a medical episode unrelated to the property condition, the owner wouldn’t be liable.)

If all these elements are proven, the property owner or occupier can be held liable for damages. California law doesn’t require that the defendant own the property; occupying or controlling it is enough to establish a duty to use reasonable care. Take for instance a store tenant leasing a space has control and can be liable for hazards in their area, even if they don’t own the building.

Proving Negligence in a Premises Liability Case

Building a strong premises liability case often comes down to proving the owner’s negligence. Documenting the accident scene is essential, as photos and records can support your claim by showing unsafe conditions and the extent of your injuries. During evidence gathering, consulting industry experts can help strengthen your case by providing professional insight into safety standards and property maintenance requirements.

When investigating a premises liability lawsuit, identifying the responsible party, such as the property owner, manager, tenant, or contractor, is crucial to ensure the correct individual or entity is held accountable. In addition to economic losses, you may be entitled to recover non economic damages such as pain and suffering resulting from the injury.

Here are key steps and evidence used to establish negligence:

Show the dangerous condition existed

Photographs, video, or witness testimony can establish what the hazard was (a broken step, spill on floor, etc.) and that it was present at the time of the injury. For example, surveillance footage might capture a puddle on the floor that caused a fall.

Show the owner knew or should have known

This can be trickier: you might use maintenance records, employee statements, or prior complaints. In California, you don’t have to prove the owner had actual knowledge if you can show the condition existed long enough that they should have discovered it with reasonable care. If a grocery store had a spill on aisle 3 for an hour with no cleanup, a jury could infer the store should have known and cleaned it. Frequent or recurring hazards (like a leak that drips whenever it rains) especially put owners on notice to fix the issue.

Show lack of reasonable care

Even if a hazard was known, did the owner act responsibly? Perhaps they put up warning cones or were in the process of fixing it – that might be reasonable. But if they did nothing, or their “fix” was inadequate (e.g., a flimsy doormat over a hole), that points to negligence. California uses a standard of reasonable care – essentially asking, “Did the property owner do what a reasonably careful person would have done in the same situation to prevent harm?” If not, they breached their duty.

Link the hazard to the injury

Medical records and expert testimony help show the injuries you suffered were caused by the accident. If you slipped on a wet floor, medical reports linking your broken hip to that fall will be crucial. Sometimes defendants argue the injury was pre-existing or occurred elsewhere, so establishing causation is important.

Document damages

Finally, proving negligence also involves proving your damages (the losses you seek to recover). Keep records of hospital bills, rehabilitation costs, lost wages from missed work, etc. In California, you can recover for economic losses (medical expenses, income loss) and non-economic losses (pain, suffering, disability, emotional distress). Victims can seek compensation for both economic and non-economic losses resulting from property owner negligence. The severity of your injuries and their impact on your life will be factors in the compensation.

Gathering evidence soon after the incident is key. Take photos of the scene and hazard (before it’s fixed). Report the incident to the property owner or manager so there is an official record. Get contact info for any eyewitnesses who can confirm the dangerous condition. All of this will strengthen your claim that negligence occurred.

Legal Considerations: Duty of Care, “Attractive Nuisance,” and Comparative Negligence

Even with the general rules above, there are special legal doctrines that often arise in premises liability cases. Three important considerations in California are the scope of the duty of care, the concept of “attractive nuisance” (especially regarding children), and comparative negligence if the injured person bears some blame. Under comparative negligence, your personal injury claim may be reduced by your share of fault but is not barred entirely.

Duty of Care in California

California law (Civil Code § 1714) imposes a broad duty of reasonable care on property owners toward anyone lawfully on their premises, including customers, guests, and employees. Even trespassers are owed a minimal duty, not to be willfully harmed or trapped, especially if their presence is foreseeable.

The duty varies by context; businesses have a higher responsibility to inspect and maintain safety, while private homeowners have a somewhat lower but still significant duty. Owners are not insurers of safety and may not need to warn about obvious dangers. What constitutes reasonable care depends on factors like property type, likelihood of injury, and cost of addressing risks, as established in the Rowland v. Christian case.

Attractive Nuisance (Children and Hazards)

The “attractive nuisance” doctrine requires property owners to secure hazards that might attract children, such as pools or trampolines. While California abolished this formal doctrine in the 1960s, the state still holds property owners to a general duty of care that effectively protects children, including trespassers.

Owners must take reasonable steps to prevent access to dangerous conditions likely to attract kids, like fencing pools or securing playground equipment, to avoid negligence claims. Although not called “attractive nuisance” anymore, the principle remains part of California’s broader duty of care.

Comparative Negligence in Premises Cases

In California, if you’re partly at fault for an accident on someone else’s property, your compensation is reduced by your percentage of fault but not barred entirely. For example, if you’re 20% responsible and the property owner 80%, you can recover 80% of your damages.

Defendants often argue hazards were “open and obvious,” claiming you should have avoided them, which can reduce your recovery but doesn’t eliminate the owner’s duty to fix dangerous conditions. Ultimately, compensation is adjusted fairly based on each party’s share of blame.

How a California Premises Liability Lawyer Can Help

If you’ve been hurt due to a property owner’s negligence, navigating a legal claim on your own can be challenging. A California premises liability lawyer can be an invaluable advocate to protect your rights and maximize your recovery. Hiring an experienced premises liability attorney ensures you have someone with the expertise to identify responsible parties and effectively handle the complexities of your case. Here are several ways an experienced attorney can help in this kind of case:

• Case Evaluation: A lawyer will review the facts with you to determine if you have a valid premises liability lawsuit. Not every accident automatically means the owner was negligent. An attorney can identify if the situation meets the legal requirements (duty, breach, causation, damages) and advise you on your chances of success and potential compensation.

• Investigation and Evidence Gathering: Premises liability claims often turn on the evidence. Attorneys act quickly to gather crucial evidence such as incident reports, security camera footage, maintenance logs, and witness statements. They may visit the scene themselves or send experts (like safety engineers) to inspect and document hazardous conditions. This prompt investigation can make or break a case. For example, obtaining video of your fall before it gets erased, or finding witnesses who can confirm that no warning signs were present.

• Dealing with Insurance Companies: Property owners (especially businesses) typically have liability insurance. Their insurance adjusters and lawyers will be working to minimize or deny your claim. A premises liability attorney knows these tactics and can handle all communications on your behalf. They will present the evidence of negligence clearly and push back against blame-shifting or lowball settlement offers. Importantly, they’ll calculate the full extent of your damages, including future medical needs or lost earning capacity if your injuries have long-term effects, so that any settlement accounts for everything you’re owed.

• Expertise in Law and Procedure: A California personal injury attorney understands the nuances of state law, such as the statutes, case precedents, and jury instructions relevant to premises liability. An experienced personal injury lawyer brings valuable knowledge and resources to handle complex cases, including those involving multiple parties or challenging legal issues. They can also cite the right provisions to strengthen your case. If your case involves complex issues, a lawyer can bring in expert witnesses (like security experts or building inspectors) to testify on how the property owner fell short of standards. They also know procedural rules, such as time deadlines and will ensure your case is filed correctly and timely.

• Negotiation and Settlement: Most premises liability cases settle out of court. A seasoned attorney will know how to negotiate with the insurance company or opposing counsel effectively. They’ll use evidence of the owner’s negligence and the threat of a trial to push for a fair settlement. They can also advise you when a settlement offer is fair or when it might be better to litigate. Having a lawyer signals to the other side that you’re serious and willing to go to trial if needed, which often encourages a better offer.

• Litigation and Trial Representation: If the other side won’t offer a reasonable settlement, your lawyer can file a lawsuit and represent you in court. Litigation involves complex steps (complaint, discovery, motions, etc.). Your attorney will handle drafting legal documents, arguing motions (for example, opposing any attempt to dismiss the case), and ultimately presenting the case to a jury if it goes to trial. They will craft a compelling story of what happened, using evidence to show the jury how the defendant’s negligence led to your injuries, and will advocate for you to receive full compensation.

• No Upfront Fees: RMD Law personal injury lawyers work on a contingency fee basis. This means you pay nothing upfront. Our team only gets paid if you win or settle the case (usually taking an agreed percentage of the recovery). This arrangement allows injured people to access legal help from personal injury attorneys without worrying about costs out of pocket. Our firm also offers a free consultation to discuss your claim.

From Hazard to Help, Know Your Rights

A premises liability lawyer is your guide and champion through a complex process. They handle the legal heavy lifting and let you focus on healing. As an example of what legal help can achieve: RMD Law once won over $1 million in a premises liability slip-and-fall case for a client.

While not every case results in a seven-figure outcome, this illustrates that with the right evidence and representation, victims can recover substantial compensation for their injuries. A premises liability lawsuit can help you recover damages for an accident caused by unsafe property conditions, holding negligent parties such as property owners, managers, or employers accountable under California law.

If you’ve been injured on someone else’s property in California, you don’t have to navigate the aftermath alone. Between medical bills, time missed from work, and the pain of recovery, it can be overwhelming. A knowledgeable premises liability attorney can evaluate your situation, explain your legal options, and pursue a claim to get you the compensation you deserve – helping you hold a negligent property owner accountable and hopefully making conditions safer for others in the future.

Remember, property owners have a duty to keep their premises reasonably safe – and if they breach that duty, California law empowers you to seek justice and financial relief for what you’ve been through. To get started, contact RMD Law at (949) 828-0015 to request a free consultation and discuss your premises liability case with an experienced attorney.