Someone slips on a wet floor, trips on uneven pavement, or falls down a stairway without a handrail. Whether it happens at a house or storefront, it raises the same question: Who is responsible if someone gets hurt on your property?
In California, owners and occupiers must keep their property reasonably safe—whether it’s a private home, rental, office, or commercial space. You may face legal responsibility if someone gets hurt due to a hazard you failed to address.
Keep reading. We’ll walk you through what you need to know.
California Premises Liability Law
Premises liability is the area of California law that covers injuries on someone else’s property. California law requires owners and occupiers to use ordinary care to avoid putting others at risk. That doesn’t mean you must prevent every accident. But if there’s a hazard you knew about (or should have known about), you’re expected to fix it, block it off, or clearly warn people about it. Failing to do so can lead to legal responsibility.
However, this legal responsibility can also depend on who is injured. Typically, property owners have a stricter duty of care to visitors who are expressly welcomed onto the premises. The law typically groups visitors into the following categories:
- Invitees. These include customers, tenants’ guests, or anyone there for business. You owe them the highest duty of care, including regular inspections, prompt repairs, and warnings about hidden dangers.
- Licensees. This group is made up of friends, neighbors, and social guests. You must warn them about dangers they likely wouldn’t notice.
- Trespassers. People on your property without permission have the weakest legal protections under premises liability. You don’t have as high a legal duty to them, but you’re barred from creating dangerous conditions that could cause them harm.
Understanding your duty to different types of visitors is step one. The next step is knowing what happens when an injury occurs.
What Happens If Someone Gets Injured on Your Property?
Once someone suffers an injury on your property, the law focuses on whether your negligence contributed to it.
You aren’t automatically liable for every injury. To determine negligence, courts look at numerous facts and factors that could contribute to legal responsibility. Liability often depends on three questions:
- Was there a hazardous condition?
- Did you know about it, or should you have known?
- Did you take reasonable action to address it?
If those answers suggest a lack of reasonable care, you may be legally responsible, even if the injury wasn’t intentional.
How Does Homeowners’ Insurance Work If Someone Gets Hurt on Your Property?
Homeowners’ insurance is usually your first line of defense. Most California policies include personal liability coverage that can help pay for medical bills, lost wages, legal fees, and settlements up to your policy limits.
For example, if a guest trips on a loose floorboard and breaks their wrist, your insurance may cover their treatment costs and your legal defense. This protection can be critical to help you avoid major out-of-pocket expenses after an accident on your property.
However, coverage isn’t guaranteed. Some policies offer only minimal protection or exclude injuries tied to home-based businesses. Some insurance companies will conduct their own investigation and may deny the claim if they determine you weren’t negligent or the policy doesn’t apply.
If coverage doesn’t apply or the injured person isn’t satisfied with the payout, they may file a lawsuit.
If Someone Gets Hurt on Your Property, Can They Sue You?
Yes. Legal action is possible if unsafe conditions cause the injury, whether through a formal lawsuit or a settlement demand.
Premises liability lawsuits often involve:
- Slips on wet walkways,
- Broken steps or loose railings,
- Cracked pavement or hidden holes in walkways, and
- Falling debris or exposed wiring.
You don’t need to own a business property to face claims. A friend at a barbecue or a delivery driver on your porch could sue if you failed to fix a known hazard. Legal claims often follow situations where insurance does not fully cover the injury or fault is disputed.
Lawsuits can be costly and time-consuming. To protect yourself, it’s important to maintain safe conditions, respond quickly to hazards, and keep clear documentation of inspections, repairs, or complaints.
Am I Liable If a Kid Gets Hurt on My Property?
Possibly, especially if the property had something that might attract or endanger a child.
In many states, the “attractive nuisance” doctrine holds property owners liable if a hazardous condition on their property is likely to draw children (like a swimming pool or trampoline), and the owner fails to take steps to protect them from harm.
California does not formally follow the attractive nuisance doctrine, but courts do consider a child’s age and ability to understand risks when evaluating premises liability. Because kids don’t always recognize danger, the law typically expects property owners to take particular care when their property includes features that could attract and injure a child.
Common risks for children on properties include:
- Unfenced or unsecured swimming pools,
- Playground equipment or trampolines,
- Discarded appliances or cars, and
- Treehouses or storage sheds.
Although California doesn’t apply the attractive nuisance doctrine strictly, property owners can still be held liable if a hazard is obvious, accessible, and dangerous to a child, even one trespassing.
You Don’t Need to Solve This Alone
Questions like who is responsible if someone gets hurt on your property aren’t always easy to answer, but there are ways to get clarity. Speaking with a premises liability attorney can help you understand your legal rights and obligations, evaluate potential liability, and determine whether insurance or negligence laws apply to your situation. An experienced lawyer can also guide you through the steps to protect yourself legally and financially.
Whether the injury seems minor or may lead to a legal claim, Henderson Law can help. Michael Henderson has over two decades of experience advising California homeowners, tenants, and business owners in personal injury and premises liability cases.
Contact our office today to schedule a free consultation and learn more about how we can help.