Can I Sue A Business If I Am Injured On Their Property?
Asked in San Diego, CA on January 15, 2020 Last answered on September 6, 20263 answers
Yes. In California, businesses have a legal duty to keep their property reasonably safe for customers and visitors. If you were injured because of a dangerous condition — such as a spill, broken flooring, poor lighting, or inadequate security — you may have a premises liability claim.
To succeed, you generally must show the business knew or should have known about the dangerous condition and failed to fix it or warn you. These cases often require investigation, preservation of surveillance footage, and prompt action.
Yes--and the most important factor will come to whether or not there was an unreasonable exposure to risk on their property. As with almost every premise liability case (slip-and-fall or trip-and-fall), a person who enters a business location is considered an "invitee" and there is a higher duty to make sure they are not in danger. Dangers can be from materials left on the ground or conditions that are inherently or unknowingly dangerous to you (the invitee).
If you need urgent medical attention or the condition is still unsafe, get to a safe place and seek emergency help first. In California, being hurt on business property alone does not establish a claim. Generally, the person or company that owned, leased, occupied, or controlled the location must use reasonable care in managing it. A premises-liability claim commonly requires proof that a responsible party was negligent, the injury caused harm, and that negligence was a substantial factor in causing it. Useful information can include photos/video, an incident report, witness contacts, the hazard’s duration, cleaning or inspection records, prior complaints, and medical records. Preserve what is available promptly without interfering with staff or safety personnel. Responsibility can rest with a tenant, landlord, property manager, contractor, or another party with control—not necessarily the storefront business. The usual deadline for a California injury lawsuit is two years, but the clock and exceptions can depend on the facts. A claim against a public entity, such as a government-operated facility, normally must be presented within six months of accrual. Minority or lack of legal capacity can toll the ordinary private-claim period, but generally not public-entity claim requirements. These deadlines can be unforgiving.
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