Attorney Michael Rehm — (800) 978-0754

A premises liability claim arises when a property owner's failure to maintain safe conditions causes injury to someone on that property. The legal framework is the same whether the accident is a slip and fall, a dog bite, an assault due to inadequate security, or a pool drowning — but each category has its own statutes, jury instructions, and factual considerations. What the claims share is the requirement that the dangerous condition be established, the owner's knowledge or constructive notice be shown, and the causal link between the condition and the injury be proven.

Attorney Michael Rehm handles premises liability cases throughout Oakland and Alameda County, on private property, commercial property, and public property owned or controlled by government entities.

Duty of Care on Private and Commercial Property

A property owner owes a duty of ordinary care to people on their property under Civil Code § 1714. The California Supreme Court established the multifactor test for determining the scope of that duty in Rowland v. Christian (1968) 69 Cal.2d 108, which considers the foreseeability and degree of harm, the closeness of the connection between the owner's conduct and the injury, the moral blame attached to the owner's conduct, and the policy of preventing future harm. Jury Instruction CACI 1000 sets out the elements of premises liability for dangerous conditions on private property.

Premises Liability on Public Property

When the property belongs to or is controlled by the City of Oakland, Alameda County, AC Transit, BART, or another public entity, a separate legal framework applies. Government Code § 835 governs public entity liability for dangerous conditions of public property. The elements — dangerous condition, causation, foreseeability, and notice — are similar to private premises liability, but the procedural requirements are different: a written government tort claim must be filed within six months of the injury under Government Code § 911.2 before a lawsuit can be filed. Failing to file a timely government claim bars a lawsuit against the entity. Government Code § 945.4.

Oakland Premises Liability Practice Areas

Attorney Michael Rehm handles the following categories of premises liability cases throughout Oakland and Alameda County:

Slip and Fall: Falls on wet floors, broken stairs, uneven pavement, and poorly maintained walkways on private property or public sidewalks. Sidewalk falls may involve liability under Government Code § 835 against the City of Oakland, or under Streets and Highways Code § 5610 against the abutting property owner. For more information, see the Oakland Slip and Fall Attorney page.

Dog Bites and Dog Attacks: California imposes strict liability on dog owners for bites under Civil Code § 3342 — no prior dangerous behavior needs to be shown. For more information, see the Oakland Dog Bite Attorney page.

Negligent Security: Assaults and robberies occurring on property where the owner failed to provide adequate security against foreseeable criminal activity. BART and AC Transit station security claims are subject to the six-month government claims deadline. For more information, see the Oakland Negligent Security Attorney page.

Pool and Drowning Accidents: Near-drownings and drowning deaths at residential or commercial pools where required safety barriers, covers, or supervision were absent or inadequate. Near-drowning brain injury is among the most devastating injuries in premises liability law. For more information, see the Oakland Pool Accident Attorney page.

Comparative Fault and Damages

California's pure comparative fault rule applies to all premises liability claims. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. A plaintiff's recovery is reduced by their percentage of fault but not eliminated. Damages include economic losses — medical expenses under Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, lost earnings, future care costs — and noneconomic losses including pain and suffering and loss of enjoyment of life. Civil Code § 3333. CACI 3905A governs noneconomic damages. Punitive damages are available against private property owners for intentional misconduct or malicious, oppressive, or fraudulent conduct under Civil Code § 3294, but not against public entities.

The statute of limitations for premises liability on private property is two years from the date of injury. Code of Civil Procedure § 335.1. For public property claims, the six-month government claims deadline applies first.

Related Pages

• Oakland Personal Injury Attorney
• Oakland Slip and Fall Attorney
• Oakland Dog Bite Attorney
• Oakland Negligent Security Attorney
• Oakland Pool Accident Attorney
• Oakland Wrongful Death Attorney

Attorney Michael Rehm handles premises liability cases throughout Oakland and Alameda County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 to arrange a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.