A grocery store in Mid-Wilshire mops aisle six, leaves the floor wet, skips the warning cone, and a shopper fractures a hip twenty minutes later. That case turns on one document most people never think about: the store’s floor-inspection log. A commercial property premises liability lawyer in Los Angeles knows to demand that log, and the surveillance video, before the business quietly overwrites both.
Borna Houman Law represents people hurt on commercial property across Los Angeles County, from Downtown hotels and shopping malls to supermarkets, restaurants, gyms, and parking structures. A business that opens its doors to the public owes its customers a real duty of care. When it cuts corners on maintenance or inspection, California law puts the cost of the resulting injury back on the business.
Key Takeaway: Under California Civil Code section 1714 and Rowland v. Christian, a commercial property owner must use reasonable care to keep the premises safe and to inspect for hazards. To win, you must prove the business had actual or constructive notice of the dangerous condition, meaning it knew or should have known. You have two years to file under Code of Civil Procedure section 335.1, and California sets no cap on pain and suffering damages.
What is commercial premises liability in California?
Commercial premises liability is the legal responsibility a business carries for injuries caused by unsafe conditions on its property. California Civil Code section 1714 makes every property owner responsible for harm caused by a failure to use ordinary care in managing the property. The California Supreme Court in Rowland v. Christian (1968) scrapped the old rigid categories of trespasser, licensee, and invitee in favor of a single question: did the owner act reasonably under the circumstances.
For a business, reasonable care sets a high practical bar, because the business invites the public in to make money. A retail store that sees thousands of customers a day is expected to inspect its floors on a schedule, clean spills promptly, and fix known hazards. That duty runs to customers, delivery workers, and anyone else lawfully on the property.
Who can be held liable for an injury on commercial property?
More than one party is often on the hook. The property owner, the business tenant operating the space, the property management company, and any maintenance or security contractor can each carry a share of fault depending on who controlled the hazard.
| Hazard | Likely responsible party | Key evidence |
|---|---|---|
| Wet floor or spill in a store | Store operator (tenant) | Floor inspection and sweep logs, surveillance video |
| Broken stair or railing in a common area | Property owner or management company | Maintenance records, prior complaints |
| Falling merchandise | Store operator | Stocking policy, shelf-loading photos |
| Parking structure fall or assault | Owner or security contractor | Lighting records, camera coverage, prior incident reports |
| Restaurant or bar injury | Operator, sometimes a liquor vendor | Incident report, staffing logs |
In our experience, the most valuable defendant is often the one the injured person never noticed: the national management company or janitorial contractor whose own policy set the inspection schedule. Sorting out which entity controlled the dangerous area is the first real fight in a commercial case, and it decides which insurance policies pay.
How do you prove a commercial property owner was negligent?
You must prove the business had notice of the dangerous condition. California recognizes two kinds. Actual notice means an employee created the hazard or was told about it. Constructive notice means the hazard existed long enough that a reasonable inspection would have caught it.
The controlling case is Ortega v. Kmart Corp. (2001), where the California Supreme Court held that a store can be liable when a dangerous condition existed long enough that the owner, using reasonable care, should have discovered it. That is why inspection intervals matter so much. If a store cannot show when it last checked the aisle, a jury can infer the hazard sat there long enough to be found. The sweep log, or its absence, often decides the case.
What injuries and damages happen in commercial premises cases?
Falls on commercial property are not minor. The National Floor Safety Institute reports that falls cause more than 8 million emergency room visits a year, and a fall onto a tile floor can fracture a wrist, a hip, or a skull. We routinely see traumatic brain injuries from falls in parking structures and spinal injuries from falls down poorly maintained stairs.
California lets you recover medical bills, future medical care, lost wages, lost earning capacity, and pain and suffering, with no statutory cap on non-economic damages in an ordinary injury case. When the injury happens because a business ignored a known hazard, that conduct can support a larger verdict. For falls specifically, our Los Angeles slip and fall lawyer page covers the mechanics in more detail.
What are the deadlines for a commercial premises liability claim?
You have two years from the date of injury to file suit under Code of Civil Procedure section 335.1. The exception that traps people: if the property is owned or operated by a government entity, such as a public transit station or a city parking garage, you must file an administrative claim within six months under Government Code section 911.2.
California follows pure comparative negligence under Li v. Yellow Cab Co., so a business will often argue you were partly at fault for not watching where you walked. Being found partly responsible reduces your recovery but does not erase it. Evidence disappears fast in these cases, which is why we send a preservation letter for surveillance footage immediately, before the standard 30-day overwrite cycle erases it.
What should you do after getting hurt on commercial property?
Report the injury to a manager and make sure they create a written incident report, then ask for a copy. Photograph the hazard before anyone cleans it up, including the spill, the broken step, or the missing sign.
Get the names of any witnesses and on-duty employees. Get medical care the same day. Do not give a recorded statement to the store’s insurer, and do not sign anything they send you. If your injury came from a criminal attack rather than a maintenance hazard, the analysis shifts to our Los Angeles negligent security lawyer page, and you can review our full personal injury practice areas for related claims. Pool and spa injuries on commercial property follow the rules on our swimming pool accident page.
Frequently asked questions about commercial premises liability in Los Angeles
How long does a store have to fix a hazard in California?
There is no fixed deadline, but Ortega v. Kmart Corp. holds a store liable if a hazard existed long enough that a reasonable inspection would have found it. Stores that inspect every 15 to 30 minutes are in a stronger position than those with no schedule at all.
Can I sue a business if I tripped over my own feet?
Possibly. California uses pure comparative negligence, so even if you were partly careless, you can recover a reduced amount as long as an unsafe condition the business should have fixed contributed to your fall.
What is the difference between actual and constructive notice?
Actual notice means an employee created or knew about the hazard. Constructive notice means the hazard was there long enough that the business should have discovered it through reasonable inspection. Either one can establish liability.
How much is a commercial premises liability case worth in Los Angeles?
It depends on the severity of the injury and the strength of the notice evidence. A case with fractures, surgery, or a brain injury, paired with a missing inspection log, carries far higher value than a minor injury met with strong defense records.
How long do I have to sue a property owner in California?
Two years from the injury under Code of Civil Procedure section 335.1. If a government entity owns the property, you must file a claim within six months under Government Code section 911.2.
Talk to a Los Angeles commercial premises liability lawyer
Surveillance footage and inspection logs are the heart of these cases, and businesses overwrite them on a schedule. The faster we send the preservation letter, the more of your evidence survives. Borna Houman Law has recovered compensation for people injured on commercial property throughout Los Angeles County, and you pay nothing unless we win. Call (888) 42-BORNA for a free consultation.
This article is general information about California law and is not legal advice. Every case is different. Past results do not guarantee future outcomes. For advice about your specific situation, consult a licensed California attorney.