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Premises Liability Is an “Umbrella”
Slip-and-falls: Most premise liability claims involve a trip or a fall on uneven sidewalks in city streets or within parks. These raises are often caused by tree roots or aging sidewalks. City sidewalks may have utility covers that overtime crack and are not maintained. Parking lots surrounding businesses can contain potholes that are left unrepaired. Insufficient lighting in areas of parking lots or structures are common issues that we see. Falls can also occur on stairs that are uneven or worn down. Slip and falls on substances in grocery stores that are not cleaned up or warning signs are not secured by employees are also a common cause of falls.
Cities and Homeowner Associations are under a duty to maintain the trees and plants on their slopes so that they do not fall and cause injuries to either pedestrians or drivers on the roadway. Homeowners also must make their premises safe and maintain their walkways and property surrounding their homes.
Construction on premises. Contractors have a duty to secure and maintain the areas of a property to workers or subcontractors that are performing work on the site. Boarding up of manholes where contractors are walking or securing and/or burying wiring so not to cause a trip hazard are areas that can cause an injury.
Negligent Security: It may seem odd to sue a store owner, hotel chain, or parking lot superintendent for injuries suffered in an assault or robbery. But when the property owner does not have adequate security measures in place, it is warranted. Certain places attract criminals, and the property owner can reasonably foresee this danger and take steps to protect his guests or patrons. This can include ensuring the property is properly lit at all times, that security protocols such as locked gates are enforced, surveillance cameras are in working order, guest and visitor policies are enforced, and security personnel received proper training upon hiring.
Dog or animal attacks:
Dog bites are often covered under a homeowner’s insurance policy, even if the attack took place at a public place. Pets are considered property in the eyes of the law. However, some breeds of dog are “blacklisted” by local insurance companies. Our team will go to work to find any applicable insurance policy or guilty party to seek compensation.
The essence of premises liability comes down to the property owner (manager, landlord, or employee on duty) knowing of a hazardous condition and fixing it within a reasonable period of time (or warning patrons about the hazard). We’ll investigate and uncover all evidence of negligence or failure to perform duties, and use it to support your specific case. You have only two years to file a claim in California, so don’t delay!
Our firm takes cases on a contingency fee and that means we only get paid at the end of your case when it is settled. We also advance all costs necessary to prepare your case. If we don’t recover for you, you pay no fees.
Have Questions? We Have Answers.
Premises Liability FAQs
After an injury on someone else’s property in Orange County, you deserve clear answers — not legal jargon. Below are the questions our Newport Beach premises liability attorneys hear most. If you don’t see yours, contact us for a free consultation.
What is premises liability?
Premises liability is the area of law that holds property owners responsible when someone is hurt by an unsafe condition on their property. Under California law, homeowners, landlords, and businesses have a duty to keep their property reasonably safe for lawful visitors and to warn of known hazards. It acts as an “umbrella” that covers slip-and-falls, trip-and-falls on broken sidewalks or stairs, negligent security, swimming pool accidents, falling merchandise, and dangerous equipment like broken elevators or escalators.
What should I do after a slip and fall in Orange County?
Get medical attention right away, even if you feel okay — some injuries surface later. Report the incident to the property owner or manager and ask for a written copy of the report. Take photos of exactly what caused your fall — the spill, broken step, or uneven pavement — before it is cleaned up or repaired, and collect the names and numbers of any witnesses. Avoid giving a recorded statement to the property’s insurer, and call an Orange County premises liability attorney as soon as possible.
Who is responsible for a slip and fall accident?
The person or company that owns, controls, or manages the property is usually responsible — whether that is a store, restaurant, landlord, HOA, or the city that maintains a sidewalk. To be held liable, the owner generally must have known (or should have known) about the hazard and failed to fix it or warn about it within a reasonable time. Sometimes more than one party shares responsibility, and we investigate to identify every potentially liable party and insurance policy.
How do I prove a premises liability case in California?
You generally must show three things: that the property owner owed you a duty of care, that a dangerous condition existed which they knew about (or should have known about) and failed to fix, and that this condition caused your injury. Evidence like incident reports, photos, surveillance video, maintenance records, and witness statements is critical — and much of it can disappear quickly. The sooner we get involved, the sooner we can preserve the proof your case depends on.
How much is a slip and fall case worth in California?
Every case is different. The value depends on the severity of your injuries, your medical bills and future care, lost wages, and the pain and suffering you have endured — a minor sprain and a fractured hip or head injury are worth very different amounts. During a free case review, our attorneys evaluate all of these factors, along with the available insurance coverage, to give you an honest estimate of what your claim may be worth.
How long do I have to file a premises liability claim in California?
In most cases you have two years from the date of your injury to file a lawsuit under California’s statute of limitations. If your claim is against a government entity — for example, a fall on a public sidewalk or in a government building — you may have as little as six months to file a formal claim. Because these deadlines are strict, it is important to speak with an attorney as soon as possible.
How long does a slip and fall settlement take?
It depends on the complexity of the case. Straightforward claims with clear liability and completed medical treatment can settle in a few months, while cases involving disputed fault or serious injuries may take a year or more, especially if a lawsuit is filed. We never rush a settlement before we understand the full extent of your injuries, because doing so could leave money on the table. We keep you updated at every stage.
Can I still recover if I was partly at fault for my fall?
Yes. California follows a pure comparative negligence rule, so you can recover compensation even if you were partially to blame — your award is simply reduced by your percentage of fault. For example, if you are found 25% responsible and your damages are $100,000, you can still recover $75,000. Property owners’ insurers often argue the hazard was “obvious” to shift blame onto you, which is exactly why having an experienced attorney matters.
What if I slipped and fell at work?
If you were hurt on the job, your claim usually goes through workers’ compensation rather than a premises liability lawsuit against your employer. However, if a third party — such as a different property owner, contractor, or equipment manufacturer — caused the dangerous condition, you may also have a separate personal injury claim against them. We can review your situation and pursue every avenue of compensation available to you.
Do I need a lawyer for a slip and fall, and what does it cost?
Premises liability cases are often harder to win than people expect, because you must prove the owner knew about the hazard and had time to fix it — and insurers fight these claims aggressively. An experienced attorney levels the playing field by gathering evidence and proving negligence. Leslie Law Firm works on a contingency fee basis, so there are zero upfront costs, your consultation is free, and you pay nothing unless we win.
Why choose Leslie Law Firm for your Orange County premises liability case?
For over 40 years, Leslie Law Firm has helped people injured on unsafe properties across Newport Beach, Costa Mesa, Irvine, Santa Ana, and all of Orange County. We have won large settlements in slip-and-fall, negligent security, and swimming pool cases, and we know how to prove what a property owner knew and when. We are fluent in English, Spanish, and Farsi, we advance all case costs, and there is no fee unless we win. Call (949) 752-7474 for a free consultation.
Still have questions? Your initial consultation is always free.
Free Case ReviewHow Can You Help Your Case?
If you are able to, doing the following things as soon as possible will help your Costa Mesa premises liability lawyer
There are some important questions that the jury will ask. How obvious was the hazard? Would a reasonable person have seen and avoided the hazard? For example, a broken porch step may be visible, but a rotten plank is not. Also, how much control did the property manager have over the hazard? Was he notified of the hazard and given time to fix it? For example, if a customer spills a drink in the aisle, and another customer slips on the spill within a minute, the jury will likely conclude that the employees didn’t have time to correct it.
If you’ve been injured as a result of someone else’s negligence in Orange County, we urge you to contact us immediately to learn how to protect your rights. Leslie Law Firm has been handling claims in OC for over 40 years, and have won millions of dollars for deserving victims.
You deserve an advocate to get your life back on track. We’ll take care of everything involving the insurance company and the at-fault party so you don’t have to. Plus, we have a network of excellent medical providers and specialists we can refer you to, so that you’re taken care of. Call (949) 752-7474 to set up your free consultation at our Newport Beach office
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