Personal Injury — Premises Liability
Injured on Someone Else’s Property?
From Ilona’s Desk
Every Time You Enter Someone Else’s Property,
Every Time You Enter Someone Else’s Property,
They Take on a Legal Responsibility for Your Safety.
A grocery store. A hotel. An apartment building. A neighbor’s backyard. A parking garage. The moment you step onto property owned or controlled by someone else, that person or business assumes a duty of care toward you. When they breach that duty — through negligence, poor maintenance, or outright indifference to known hazards — and you get hurt as a result, that’s a premises liability case.
These cases cover a wide range of situations and accidents, and the common thread through all of them is this: someone who was responsible for a space failed to make it reasonably safe. I’ve helped clients across California, Florida, Texas, Nevada, Colorado, and New York hold property owners accountable for exactly that failure — from slip and fall incidents to swimming pool accidents to inadequate security cases where a foreseeable crime caused serious harm.
If you were hurt on someone else’s property and you’re wondering whether what happened to you matters legally — it very likely does. Let’s talk it through together.
We Handle These Cases
Common Premises Liability Claims
Slip, Trip and Fall Accidents
Wet floors, uneven pavement, broken stairs, poor lighting — when a dangerous condition on someone’s property causes a fall, the property owner is responsible for what follows.
Inadequate Security and Negligent Security
An assault, robbery, or attack that occurred because a property lacked adequate lighting, security personnel, functioning locks, or surveillance. If the crime was foreseeable, the owner may be liable.
Swimming Pool Accidents
Unsecured pools, missing fencing, no warning signs, lack of a lifeguard where one was required — pool accidents cause catastrophic injuries and drownings that are often entirely preventable.
Elevator and Escalator Accidents
Malfunctioning elevators that drop unexpectedly, escalators that accelerate or stop suddenly, gaps that trap limbs — building owners and maintenance companies carry responsibility for keeping these systems safe.
Toxic Exposure on Property
Asbestos, mold, lead paint, chemical exposure in a rented home or commercial space — landlords and property managers who ignore known hazardous conditions are liable for the health consequences.
Amusement Park and Venue Injuries
Ride malfunctions, unsafe crowd management, inadequate safety equipment at stadiums, parks, or entertainment venues — operators of high-traffic public spaces carry significant duty of care obligations.
After the Incident
7 Steps That Protect Your Claim
Premises liability cases depend on proving what the property owner knew, when they knew it, and what they failed to do about it. That evidence can disappear very quickly. Here’s what to do to protect your position from the moment the injury occurs.
1
Get Medical Attention Right Away
Seek care the same day — even if the injury seems manageable at first. A direct medical record linking your injury to the incident on the property is the foundation of your entire claim. Delays in treatment are used by insurers to argue your injury wasn’t serious.
2
Report the Incident Before You Leave
Notify the property owner, manager, or staff immediately. Ask that an incident report be completed and request a copy. If they won’t provide one, write down the name of who you spoke to, the time, and what was said. This creates an official record the owner cannot easily walk back later.
3
Document the Hazard Before It’s Fixed
Property owners often address the hazard within hours of an incident to avoid further liability. Photograph the dangerous condition — wet floor, broken railing, dark corridor, gap in fencing — from multiple angles before it is repaired, cleaned, or removed.
4
Request That Surveillance Footage Be Preserved
Most commercial properties record continuously and overwrite footage on a short cycle — sometimes as little as 24 hours. Identify every camera that may have captured the incident and formally request that footage be preserved immediately. Once it’s gone, it’s gone.
5
Collect Witness Information
Anyone who witnessed the incident or who can confirm the hazardous condition existed before you were hurt. In premises liability cases, a witness who saw the same wet floor or broken step an hour earlier can be decisive in establishing the owner’s knowledge of the danger.
6
Don’t Sign or Accept Anything From the Property Owner
A manager may offer to pay your immediate expenses or present you with a form to sign. These are attempts to settle liability before you know the full extent of your injuries and losses. Decline politely. Nothing should be signed before you speak with an attorney.
7
Document Everything That Follows
Medical bills, therapy costs, lost income, out-of-pocket expenses, and a daily record of pain, limitations, and how your life has changed since the injury. Premises liability cases can involve significant non-economic damages — but only when those impacts are properly documented.
What You May Recover
Property Owners Carry Insurance for Exactly
Property Owners Carry Insurance for Exactly
This Reason. Make Sure It Covers You Fully.
Most businesses and property owners carry premises liability insurance — commercial general liability policies specifically designed to cover injuries that occur on their property. What these insurers don’t always tell you is that your claim may be worth significantly more than their first offer suggests. Getting the full picture of your damages — present and future — is what we do.
In states where our firm is licensed — California, Colorado, Florida, Nevada, New York, and Texas — people injured on another’s property may be entitled to:
- Emergency and ongoing medical expenses
- Physical therapy and rehabilitation costs
- Lost wages and reduced earning capacity
- Pain, suffering, and emotional distress
- Long-term care and future medical expenses
- Punitive damages in cases of gross or intentional negligence
Every case is different. Let’s sit down — free of charge — and I’ll give you an honest picture of what yours is worth.
$0
Upfront. Always.
Upfront. Always.
No Win, No Fee — Period.
You’re already dealing with enough. Our contingency fee model means we only get paid when you do. There’s no financial risk to getting the legal help you need right now.
Got Questions?
Premises Liability FAQ
What does a property owner actually have to do to be liable?
A property owner is liable when they knew — or reasonably should have known — about a dangerous condition on their property and failed to fix it or adequately warn visitors about it. The legal standard is whether they acted as a reasonably careful property owner would have in the same situation. If a hazard existed long enough that a proper inspection would have found it, or if they were told about it and ignored it, that’s typically sufficient to establish liability.
Does it matter why I was on the property — as a customer, a guest, or a trespasser?
Yes — your legal status on the property affects the duty of care owed to you, though not always in the way people expect. Invitees (customers, clients) are owed the highest duty. Licensees (social guests) are owed a reasonable duty. Even trespassers may have limited rights in some circumstances — particularly children, under the „attractive nuisance” doctrine, which applies to pools, trampolines, and similar hazards. Your status on the property doesn’t necessarily end your claim.
What is negligent security and how does it lead to a premises liability claim?
Negligent security claims arise when a property owner fails to implement reasonable security measures — adequate lighting, functioning locks, security personnel, surveillance — and a foreseeable crime occurs as a result. The key word is foreseeable. If a parking garage had a known history of assaults and the owner did nothing to address it, they may be liable when the next assault occurs. These cases require showing the owner knew or should have known about the risk and failed to act.
Can I file a premises liability claim against a landlord?
Yes. Landlords have a duty to maintain their rental properties in a safe and habitable condition — and that duty extends to common areas like hallways, stairwells, parking lots, and laundry rooms. If a hazardous condition in a rented property or common area caused your injury, and the landlord knew or should have known about it, you have a valid premises liability claim. Toxic exposure from mold, asbestos, or lead paint in rental properties also falls under this category.
What if the property had a „No Trespassing” or liability waiver sign?
Signs and waivers can limit — but rarely eliminate — a property owner’s liability. A blanket „enter at your own risk” sign does not shield an owner from liability for gross negligence or intentionally dangerous conditions. And a signed waiver, while it carries more legal weight, is also not an absolute bar to recovery depending on the circumstances and the state. If you were injured despite a sign or waiver, call us before assuming you have no options.
How long do I have to file a premises liability claim?
In most states where we practice, the statute of limitations for premises liability claims is two years from the date of the injury. However, if the property is owned by a government entity — a public park, a government building, a public school — the timeline is dramatically shorter, sometimes as little as six months, and the process involves specific notice requirements. Contact us as early as possible to make sure no deadline catches you off guard.
Do you handle premises liability cases in my state?
We’re licensed in California, Colorado, Florida, Nevada, New York, and Texas. Premises liability is one of the broadest categories in personal injury law — it covers everything from a slip at a supermarket to an assault at a poorly secured hotel. Each situation is different, and each state has its own rules around what a property owner must know and do. If you were injured on someone else’s property in any of those states, reach out — we’ll tell you honestly what your options look like.
Ready When You Are
Let’s Talk — Free, No Pressure,
Let’s Talk — Free, No Pressure,
No Obligation.
I know reaching out to an attorney can feel like a big step. It doesn’t have to be. Tell me what happened, and I’ll give you an honest picture of your options — no judgment, no sales pitch, just real guidance.
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