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California Premises Liability Claims

In California, property owners and occupiers owe a general duty of ordinary care (Civil Code § 1714(a)). California abolished the rigid invitee/licensee/trespasser categories in Rowland v. Christian (1968) in favor of one reasonable-care standard. A two-year deadline (CCP § 335.1) and pure comparative negligence apply.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a California attorney promptly — the two-year deadline applies.

Premises liability is the rule that property owners and occupiers can be responsible when an unsafe condition injures someone — a wet floor, a broken stair, poor lighting. See the personal injury hub for the statewide basics.

The general duty of ordinary care

California law starts with a broad principle (Civil Code § 1714(a)): everyone is responsible for injury caused to another by their want of ordinary care in managing their property. In plain terms, a property owner must use reasonable care to keep the premises safe and to warn of hazards they know or should know about.

One standard, not rigid categories

Many states still sort visitors into invitee, licensee, and trespasser boxes that change the duty owed. California abolished those rigid categories in Rowland v. Christian (1968), adopting a single reasonable-care standard owed to people on the property. The visitor’s status can still factor into what care is reasonable, but it no longer mechanically decides the case.

Deadline and fault

The two-year deadline applies (Code of Civil Procedure § 335.1). And because pure comparative negligence governs, an owner may argue you were partly at fault (for example, ignoring a warning), which reduces but never fully bars your recovery.

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Frequently asked questions

What duty does a property owner owe in California?
A general duty of ordinary care under Civil Code § 1714(a): everyone is responsible for injury caused to another by their want of ordinary care in managing their property.
Does it matter whether I was an invitee or a trespasser?
Not in the rigid old way. California abolished those fixed categories in Rowland v. Christian (1968) in favor of a single reasonable-care standard owed to people on the property.
How long do I have to file a premises liability claim?
Generally two years from the date of injury (Code of Civil Procedure § 335.1). Missing the deadline usually bars the claim.

Sources

Related guides

  • California Car Accident Claims California is an at-fault auto state: you pursue the driver who caused the crash and their insurer. A two-year deadline applies (CCP § 335.1), and pure comparative negligence reduces but never bars recovery. Minimum liability limits rose to 30/60/15 for policies issued or renewed on or after Jan 1, 2025 — confirm the current minimums.
  • California Dog Bite Claims California imposes strict liability on dog owners (Civil Code § 3342): an owner is liable for a bite in a public place or while the victim is lawfully on private property, regardless of the dog's prior viciousness or the owner's knowledge. This differs from 'one-bite' states. A two-year deadline applies (CCP § 335.1).
  • California Medical Malpractice Claims California medical malpractice has its own deadline: 3 years from injury or 1 year from discovery, whichever comes first (CCP § 340.5). You must give 90 days' notice before filing (CCP § 364). The MICRA noneconomic-damages cap (Civil Code § 3333.2), as amended by AB 35, now increases every January 1 — confirm the current amount.
  • California Motorcycle Accident Claims California is an at-fault state, and motorcycle claims follow the same rules: a two-year deadline (CCP § 335.1) and pure comparative negligence that reduces but never bars recovery. California has a universal helmet law (Vehicle Code § 27803) requiring all riders and passengers to wear a compliant helmet, which can affect a head-injury fault argument.
  • California Truck Accident Claims California's negligence framework applies to truck crashes: a two-year deadline (CCP § 335.1) and pure comparative negligence that reduces but never bars recovery. Federal FMCSA regulations on hours of service, driver qualification, and maintenance layer on top for commercial carriers, and a violation can be evidence of negligence. These cases often involve multiple defendants.
  • California Wrongful Death Claims California wrongful death lets certain family members sue for their losses (CCP § 377.60), while a separate survival action (CCP § 377.30) lets the estate pursue the decedent's own claims. Under CCP § 377.34, survival damages historically excluded pre-death pain and suffering; SB 447 allowed it temporarily for cases filed before Jan 1, 2026 — confirm the current statute.

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