Premises Liability
Premises liability covers injuries caused by dangerous conditions on someone else's property. Whether the injury occurred at a store, apartment complex, parking lot, or private home, property owners have a legal duty to maintain reasonably safe conditions for people lawfully on the premises.
This information is for educational purposes only and does not constitute legal advice. Availability varies by state and case type.
8
Immediate steps
18
Evidence items
Common injuries
Broken Bones, Traumatic Brain Injury, Soft Tissue Injuries +2 more
Common Causes
Wet, Slippery, or Uneven Floors
Spills, recently mopped floors, and uneven flooring are among the most common property hazards that cause visitor injuries.
Inadequate Security
Property owners who fail to provide adequate security measures — lighting, locks, cameras, security personnel — may be liable when visitors are assaulted or harmed.
Swimming Pool Accidents
Pool owners are responsible for fencing, safety equipment, and supervision. Drownings and near-drowning injuries are serious premises liability claims.
Parking Lot Hazards
Poorly lit parking areas, cracked pavement, and inadequate traffic controls create injury risks for pedestrians and drivers alike.
Stairway and Elevator Defects
Broken steps, missing handrails, and malfunctioning elevators or escalators are maintenance failures that property owners are responsible for correcting.
Toxic Exposure on Property
Mold, asbestos, lead paint, and other environmental hazards on a property can cause serious health injuries for tenants or visitors.
Fire and Electrical Hazards
Properties with inadequate fire safety measures, defective electrical systems, or blocked fire exits may be liable for resulting injuries.
Likely Injuries
These types of accidents are frequently associated with the following injuries. Select an injury to learn more.
What To Do Immediately
- 1
Get medical help
CriticalSeek emergency care for serious injuries. For any injury, see a doctor the same day or within 24 hours to create a timely medical record.
- 2
Document the hazard before it is addressed
CriticalPhotograph the exact condition that caused your injury immediately. Property owners typically remediate hazards quickly after an incident.
- 3
Report the incident to the property owner or manager
CriticalNotify the property owner or on-site manager. Request a written incident report and ask for a copy.
- 4
Identify witnesses
ImportantNames and contact information from anyone who saw the incident or was aware of the hazard.
- 5
Preserve your footwear and clothing
ImportantThe shoes and clothing you were wearing are physical evidence. Do not discard or wash them.
- 6
Note the security camera locations
ImportantIdentify any surveillance cameras covering the area. Footage typically overwrites within 24-72 hours and must be preserved quickly.
- 7
Document your injuries over time
ImportantPhotograph bruising, swelling, and other visible injuries in the days following the incident.
- 8
Keep all records
HelpfulSave the incident report copy, all medical bills, and any communications from the property owner or their insurer.
Get the Premises Liability checklist emailed to you
A quick reference for what to document, report, and do next.
By submitting, you agree to our Privacy Policy.
Evidence Checklist
Check off items as you collect them. Critical items should be gathered as soon as possible after the accident.
Hazard Documentation
CriticalProperty Information
ImportantMedical Documentation
CriticalFinancial Records
ImportantSurveillance and Prior Notice
HelpfulTimeline Risks
Key deadlines and time-sensitive actions. Missing these windows can significantly affect your options.
- 1
Within Hours
Hazard is remediated and footage is overwritten
Document the hazard and request surveillance footage preservation immediately. Both can disappear within hours.
- 2
Within 30 Days
Property owner's insurer begins investigation
The property's liability insurer will investigate. Having your own documentation early strengthens your position.
- 3
6 Months (Government Property)
Government claims notice deadline
Injuries on public property (city sidewalks, government buildings, parks) require formal notice of claim within 6 months in California and Arizona.
- 4
2 Years (California)
Statute of limitations for premises liability claims
California's personal injury statute of limitations is 2 years from the date of injury on private property.
- 5
2 Years (Arizona)
Statute of limitations for premises liability claims
Arizona also has a 2-year personal injury statute of limitations for private property claims.
Insurance Issues to Know About
Property owner's liability insurance
Most commercial properties carry general liability insurance, and homeowners carry homeowner insurance. These policies typically cover premises liability claims.
Notice of hazard requirement
To establish liability, it often helps to show the property owner knew or should have known about the hazard. Prior complaints, length of time the hazard existed, and maintenance logs are relevant.
Comparative fault
Property owners frequently argue visitors were not watching where they were going, ignored visible warnings, or were in an area not open to the public. Both states use pure comparative fault.
Government property rules
Injuries on government-owned property involve special procedures, shorter deadlines, and damage caps. These claims must be handled differently.
Tenant vs. property owner liability
In rental properties, liability may fall on the property owner, the tenant, a property management company, or some combination — depending on who controlled the hazardous condition.
When You May Benefit From Speaking With a Lawyer
You are not required to hire an attorney. But in some situations, speaking with a lawyer experienced in personal injury matters can help protect your options. This is educational information, not legal advice.
- You sustained injuries requiring medical treatment
- The hazard was the result of inadequate maintenance or prior complaints
- The injury occurred on government property
- Surveillance footage needs immediate preservation
- The property owner or insurer is denying liability
- Your injuries resulted in significant medical bills or lost wages
- Inadequate security contributed to an assault or criminal act
State-Specific Notes
California
- Statute of limitations: 2 years from date of injury for personal injury claims
- Fault rule: Pure comparative fault — you can recover even if partially at fault, reduced by your percentage
- Insurance minimum: $30,000/$60,000/$15,000
Arizona
- Statute of limitations: 2 years from date of injury for personal injury claims
- Fault rule: Pure comparative fault — your recovery is reduced by your share of fault
- Insurance minimum: $25,000/$50,000/$15,000
Laws vary by state and are subject to change. The above is general educational information only and may not reflect recent legislative changes. Consult a licensed attorney in your state for advice specific to your situation.