Slip-and-fall accidents, falling merchandise, inadequate lighting, broken railings, and uneven walkways are just a few of the hazardous conditions that lead to serious injuries every year. When a property owner’s negligence creates or allows a dangerous condition to persist, the injured party may have the right to pursue compensation.
California premises liability law imposes a duty on property owners and occupiers to maintain their premises in a reasonably safe condition. However, recovering damages is not always straightforward. A Los Angeles premises liability lawyer can evaluate the circumstances of the incident, determine whether the property owner breached their duty of care, and guide the injured party through the steps necessary to build a strong claim.
Seek Immediate Medical Attention
The first priority after any injury on another person’s property should be to obtain a medical evaluation, even if the injury seems manageable at the time. Conditions such as concussions, soft tissue damage, hairline fractures, and internal injuries may not present symptoms immediately but can worsen significantly without treatment.
Insurance companies representing property owners routinely argue that delayed treatment suggests the injury was either minor or caused by something unrelated to the premises. A medical record created shortly after the incident eliminates this line of attack and satisfies the causation element under California negligence laws.
Report the Incident to the Property Owner or Manager
Notifying the property owner, manager, or landlord about the injury creates an official record that the incident occurred. In commercial settings such as stores, hotels, and restaurants, this typically involves completing an incident report with the on-site manager. Victims should request a copy of this report before leaving.
Reporting the incident also triggers the property owner’s obligation to notify their liability insurer, setting the claims process in motion. Failing to report promptly can allow the property owner to later dispute that the injury happened on their premises or under the circumstances described by the victim.
Document the Scene and the Hazardous Condition
Thorough documentation of the scene is critical because the dangerous condition that caused the injury may be repaired or removed before it can be independently verified.
Photographs and videos should capture the specific hazard, whether it is a wet floor without a warning sign, a broken step, an uneven surface, or poor lighting. Wider shots that show the surrounding area and the absence of warning signs or barriers provide additional context. Victims should also note the date, time, and weather conditions at the time of the incident. If any witnesses were present, collect their names and contact information.
Preserve All Related Evidence
The duty to preserve relevant evidence applies to both parties. For the victim, this means retaining the clothing and footwear worn at the time of the incident, keeping all medical records and bills, and saving any correspondence with the property owner or their insurer.
An attorney can send a formal spoliation letter to the property owner, requiring them to preserve surveillance footage, maintenance logs, inspection records, and prior incident reports. Under California law, the destruction of evidence after the duty to preserve it has attached may result in sanctions or an adverse inference instruction at trial.
Exercise Caution With Insurance Communications
The property owner’s insurance company may contact the victim to request a recorded statement or offer an early settlement. Adjusters may ask questions intended to suggest that the victim was not paying attention, was wearing inappropriate footwear, or should have noticed the hazard.
Victims are under no obligation to provide recorded statements to the property owner’s insurer. Any information shared can be used later to argue contributory fault or to minimize the severity of the injuries. Having a lawyer handle these communications prevents the victim’s words from being used against them during negotiations or in court.
Understand the Property Owner’s Duty of Care
Under California Civil Code ยง 1714, every property owner is responsible for exercising reasonable care in the management of their premises. They must conduct regular inspections, address known hazards, and provide adequate warnings when they cannot immediately correct a dangerous condition.
To establish liability, the injured party must show that the property owner knew or, through the exercise of reasonable care, should have known about the hazardous condition and failed to take appropriate action. Evidence such as prior complaints, maintenance schedules, and inspection logs can demonstrate that the owner had notice of the danger.
The length of time the hazard existed before the injury is also relevant, as a condition that persisted for an extended period suggests that reasonable inspections would have identified it.
Be Mindful of Filing Deadlines
Premises liability claims in California are subject to the same statute of limitations that governs other personal injury cases. Victims have two years from the date of the injury to file a lawsuit. If the property is owned or maintained by a government entity, the victim must file an administrative tort claim within six months.
Conclusion
The steps taken after an injury on someone else’s property directly affect the strength of any subsequent claim. Victims who know what to do will be in a better position to pursue fair compensation for their losses.