Premises Liability Claims
Bakersfield · Kern County, California
Property owners are not insurers of everyone who walks in. They are, however, required to use reasonable care — and when they do not, the person injured should not be left carrying the cost.
The duty is reasonable care
Those who own, lease, occupy, or control property in California owe a duty to use reasonable care to keep it in a reasonably safe condition. That includes inspecting for hazards, repairing or guarding them, and warning of dangers that cannot be immediately fixed.
The range is wider than most people expect
Broken stair treads and missing handrails, unlit parking lots and walkways, falling merchandise, uncovered pool hazards, defective elevators and escalators, and unsafe conditions in apartment complexes all fall within premises liability.
Negligent security
When a business or landlord knows of prior violence or criminal activity on the property and does nothing — no lighting, no functioning locks, no security where the circumstances plainly call for it — an assault suffered by a tenant, guest, or customer can give rise to a claim against the property.
Finding every responsible party
The owner, the management company, the tenant business, and the maintenance contractor may each carry a share of responsibility and a separate policy of insurance. Identifying all of them early is often what determines whether a serious injury is fully covered.
Most California premises claims must be filed within two years of the injury. Where a public entity owns or controls the property, a written claim is generally due within six months.