You slipped on a wet floor at Target. Or maybe you tripped on a broken sidewalk outside your apartment complex. Now you’re hurt, frustrated, and facing medical bills. The property owner says it wasn’t their fault. Their insurance company agrees.
This is where proving fault becomes critical. Without it, you’re stuck paying for someone else’s negligence. I think many people assume fault is obvious when you get injured on someone’s property. It’s not. California law requires specific evidence to hold property owners responsible.
Building a strong case takes knowledge, time, and the right approach. The team at Kubota & Craig has spent decades helping Orange County residents prove fault in premises liability cases. Let them show you what it takes to win.
What Is Premises Liability?
Premises liability covers injuries that happen because of unsafe property conditions. The concept is simple – property owners must keep their spaces reasonably safe for visitors. When they don’t, they pay for the consequences.
This applies everywhere. Grocery stores with wet floors. Apartment buildings with broken stairs. Office buildings with poor lighting. Shopping centers with cracked pavement. If you get hurt because a property owner failed to maintain safe conditions, you might have a premises liability case.
The law covers different types of properties and different types of visitors. A customer at Costco has certain rights. A tenant in an apartment has others. Even trespassers sometimes get protection, though that’s rare.
Kubota & Craig handles premises liability cases throughout Orange County. They know which arguments work with local judges and juries. They understand how Orange County property owners typically defend these cases.
4 Key Elements Required to Prove Fault
California law requires four specific elements to win a premises liability case. Miss any of these and your case fails. Get all four right and you have a strong chance of recovery.
1. Duty of Care
The property owner must have owed you a legal duty to keep the premises safe. This sounds technical, but it’s usually straightforward. If you were legally on the property, the owner probably owed you a duty.
Customers at stores have strong protection. So do tenants in rental properties. Guests visiting friends typically get coverage too. The duty exists because the property owner invited you there or allowed you to enter.
Trespassers get limited protection. Property owners don’t have to make their land safe for people who shouldn’t be there. But there are exceptions, especially involving children.
2. Breach of Duty
The property owner must have failed to meet their duty of care. They either created the dangerous condition, knew about it and did nothing, or should have known about it through reasonable inspection.
This is where many cases get complicated. Maybe the spill happened five minutes before your fall. That’s probably not the owner’s fault. But if the spill was there for two hours and no one cleaned it up? That’s negligence.
Property owners must inspect their premises regularly. They must fix dangerous conditions promptly. When they can’t fix something immediately, they must warn people about the hazard. Fail to do any of these things and you’ve breached your duty.
3. Causation
The unsafe condition must have directly caused your injury. You can’t just show that a dangerous condition existed – you must prove it caused your specific accident.
This element trips up some cases. Perhaps you fell near a wet spot, but you actually slipped because your shoe came untied. The wet floor didn’t cause your injury, so the property owner isn’t liable.
Medical records help prove causation. So do witness statements describing exactly what happened. The key is connecting the dots between the hazard and your harm.
4. Damages
You must have suffered actual harm. Physical injuries are obvious damages. But you might also recover for lost wages, medical expenses, pain and suffering, and future medical costs.
Document everything. Keep all medical records. Track time missed from work. Note how the injury affects your daily life. The more documentation you have, the stronger your damages claim becomes.
Some injuries seem minor at first but cause long-term problems. A twisted ankle might lead to chronic pain. A head bump could cause ongoing headaches. Don’t minimize your injuries just because they started small.
Strong Evidence That Can Support Your Claim
Evidence makes or breaks premises liability cases. The right proof can force a quick settlement. Weak evidence leads to denied claims and years of litigation.
Photographs and Videos
Pictures tell the story better than words. Photograph the hazard that caused your fall. Get wide shots showing the area layout. Take close-ups highlighting the specific danger.
Don’t just photograph the hazard itself. Show the surrounding area. Were there warning signs? Was the lighting adequate? Were there other safety measures that should have been in place?
Security camera footage can be gold, but it disappears fast. Most businesses delete footage after 30 days. Your attorney must act quickly to preserve this evidence before it gets erased.
Eyewitness Statements
People who saw your accident or noticed the hazard beforehand make powerful witnesses. Their independent observations support your version of events.
Get contact information immediately if possible. Witnesses forget details over time. Some move away or become difficult to locate. The sooner you document their statements, the better.
Store employees sometimes make good witnesses, though they might face pressure from their employers. Customers and visitors usually provide more honest accounts.
Medical Records
Prompt medical treatment does two things. It helps you heal faster, and it creates documentation connecting your injuries to the accident.
Gaps in medical treatment hurt your case. Insurance companies argue that delayed treatment means your injuries weren’t serious. They claim other events caused your problems, not the original accident.
Follow all doctor recommendations. Complete physical therapy if prescribed. Take medications as directed. Your medical compliance affects how much compensation you receive.
Incident Reports
File a report with the property owner or business immediately after your accident. This creates official documentation that the incident occurred.
Don’t just fill out the form – get a copy. Some businesses make this difficult, but persist. At minimum, get the report number and the name of the person who took your information.
Be factual in your report, but don’t speculate about fault. Stick to basic facts about what happened. Let your attorney handle the legal arguments later.
Property Maintenance Records
These records show whether the property owner was maintaining the premises properly. Regular inspection logs suggest responsible ownership. Missing records often indicate negligence.
You usually can’t get these records on your own. Your attorney must request them through the legal discovery process. Sometimes the lack of records proves negligence as clearly as bad maintenance would.
Building permits, safety inspections, and prior incident reports all help tell the story. Each piece of documentation builds a stronger case.
Understanding California’s Premises Liability Laws
California uses comparative negligence rules. This means you can recover compensation even if you were partially at fault for your accident. If you were 20% responsible and the property owner was 80% responsible, you get 80% of your damages.
Insurance companies love to blame victims. They’ll argue you were walking too fast, not paying attention, or wearing inappropriate shoes. Your attorney must counter these arguments to protect your recovery.
The statute of limitations gives you two years from the date of injury to file a lawsuit. Miss this deadline and you lose your right to compensation forever. Don’t wait – evidence disappears and witnesses forget details.
Different properties have different rules. Commercial buildings like stores and restaurants face stricter standards than residential properties. Public entities like cities have special procedures you must follow before you can sue them.
Common Pitfalls That Can Hurt Your Case
Many people hurt their own cases without realizing it. They don’t document the scene properly. They delay medical treatment. They give statements to insurance adjusters without legal advice.
Property owners and their insurance companies work fast to clean up evidence and limit their liability. That wet floor gets mopped. The broken tile gets replaced. Security footage gets deleted. Act quickly or lose your proof forever.
Social media posts can destroy your case. Don’t post photos of yourself hiking, dancing, or doing anything physical after your accident. Insurance companies monitor social media looking for evidence to use against you.
Some people accept quick settlement offers without understanding their true damages. A broken bone might seem straightforward, but complications develop over time. What looked like a $10,000 case becomes a $50,000 case when you need surgery later.
Why You Need a Premises Liability Attorney on Your Side
Property owners have teams of lawyers and adjusters working to minimize what they pay you. You need someone on your side who understands how to fight back.
An experienced premises liability lawyer in Orange County knows how to investigate these cases properly. They send preservation letters to protect evidence. They work with safety experts who can explain why the property was dangerous. They understand local court procedures and judge preferences.
Perhaps most important, they know what your case is worth. Insurance companies often make lowball offers hoping you’ll accept quick money and go away. Your attorney can tell you whether that offer is fair or if you should demand more.
Building inspectors, safety engineers, and accident reconstruction experts sometimes get involved in complex cases. Your attorney coordinates with these professionals to build the strongest possible case.
Kubota & Craig has handled hundreds of premises liability cases throughout Orange County. They know which arguments work and which don’t. They understand how to prove fault even when property owners deny responsibility.
Schedule a Free Consultation with an Orange County Premises Liability Lawyer
Don’t let a property owner’s negligence cost you thousands of dollars in medical bills and lost income. California law gives you rights, but only if you act on them properly.
The attorneys at Kubota & Craig offer free consultations for premises liability cases. They work on contingency fees, which means no legal costs unless they win your case. You risk nothing by getting professional advice about your rights.
Time matters in these cases. Evidence disappears. Witnesses forget details. California’s two-year statute of limitations seems like a long time, but it passes quickly when you’re dealing with injuries and recovery.
Call today or fill out their online contact form. The consultation is free, and you’ll get honest answers about whether you have a valid claim.
Whether your accident happened in Mission Viejo, Irvine, Santa Ana, Anaheim, or anywhere else in Orange County, you have rights under California premises liability law. Let an experienced attorney help you understand and protect those rights.
By Yoshiaki C. Kubota, Esq. | Published: October 14, 2025
About the Author:
Yoshiaki C. Kubota is a founding partner at Kubota & Craig, PC, and has been a California-licensed attorney since 1994 (State Bar #175555). With over 30 years of experience in personal injury law, he has successfully handled hundreds of premises liability cases throughout Orange County. He holds an AV Preeminent rating from Martindale-Hubbell and has been recognized as a Super Lawyer from 2010-2024.
Legal Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific facts and circumstances. This communication is attorney advertising as defined by California Rules of Professional Conduct Rule 7.3. For specific legal guidance regarding your situation, please consult with a qualified attorney.
Sources: California Civil Code Section 1714, California Civil Jury Instructions (CACI) 1000-1012, California Code of Civil Procedure Section 335.1
