Premises Liability in Encino

When Unsafe Conditions May Support a Premises Liability Claim

A premises liability claim focuses on who controlled or maintained the property, the unsafe condition, and the connection between that condition and the injury. It isn’t enough that someone was hurt on another party’s property. The evidence must indicate that negligence contributed to the harm.

Incidents that may lead to these claims include:

• Slip and falls
• Negligent security incidents
• Swimming pool accidents
• Dog bites
• Toxic exposures
• Construction accidents

The necessary evidence varies by incident. Photographs of the hazard, witness information, incident reports, maintenance records, and other documentation can help establish what happened. Medical records can connect the incident to the injuries and treatment.

California Duties & Notice of Hazards

California Civil Code section 1714 provides that those who own property may be liable for injuries caused by a negligent failure to use ordinary care. Ordinary care is the caution a reasonably careful person would use under similar circumstances. This duty can include inspecting the premises, correcting dangerous conditions, or providing an adequate warning.

In Rowland v. Christian, the California Supreme Court replaced traditional distinctions among invitees, licensees, and trespassers with a reasonableness-based duty analysis. A person’s reason for entering the property is therefore not the sole factor determining whether a duty existed.

Actual & Constructive Notice

A claimant generally must show that the owner or operator knew or should have known about the hazard and had enough time to remove it, protect people from it, or provide a warning. Actual notice means the responsible party knew about the condition. Constructive notice means the condition existed long enough that reasonable inspection or care should have revealed it.

Comparative Negligence & Property Defenses

California follows pure comparative negligence. This rule reduces compensation by the injured person’s percentage of fault rather than automatically barring recovery. For example, an award can be reduced if the evidence shows that the claimant’s conduct contributed to the incident.

Potential defenses include arguments that the condition was open and obvious or that the claimant already knew about it. The responsible party may also raise the trivial defect defense, which treats some minor imperfections as too insignificant to establish negligence. Whether a condition qualifies depends on its characteristics and the circumstances surrounding the incident.

Filing Deadlines & Premises Liability Damages

California premises liability claims generally must be filed within two years of the injury under Code of Civil Procedure section 335.1. A shorter deadline can apply when a public entity is responsible. Under the Government Claims Act and Government Code section 911.2, an administrative claim generally must be presented within six months of the injury before a lawsuit can be filed.

For an injured minor, Code of Civil Procedure section 352 generally tolls, or pauses, the limitations period until age 18. This commonly gives the now-adult claimant until age 20 to file. Exceptions and other timing rules can affect any deadline, so the incident date and identity of the responsible party should be evaluated promptly.

Civil cases arising in the San Fernando Valley are generally filed at Van Nuys Courthouse East. The correct venue and procedural requirements depend on where the incident occurred, who controlled the property, and whether a private party or public entity is involved.

Premises liability damages may include medical expenses, lost income, pain and suffering, and other injury-related losses. Recoverable categories and potential amounts depend on the injury, available insurance, evidence of negligence, comparative fault, and documentation of the claimant’s losses.