Your Case is Important

What Is Premises Liability Law?

Property owners have a legal responsibility to inspect their property and discover and fix any unsafe conditions that could be reasonably expected to harm others. When you or someone you know suffers injury or harm on another person's property, you may have the right to seek compensation if your injuries were the cause of unsafe conditions. Premises liability law is the body of personal injury law that holds the owner of land or premises responsible for certain injuries suffered by people on the premises. At Habbas & Associates, a San Jose premises liability lawyer can help individuals seek compensation for injuries occurring in shopping malls, homes, apartment complexes, sports facilities, amusement parks, commercial buildings, farm land, and other open land spaces as well.

On This Page:

older man holding his head in his hand

What Is Premises Liability?

Premises liability refers to the legal responsibility of property owners or occupants for accidents and injuries that occur on their property due to unsafe or hazardous conditions. When someone gets injured on another person's property, they may file a premises liability claim to seek compensation for their injuries and damages.

Types of Premises Liability Cases

Common types of premises liability cases include:

  • Slip and Fall Accidents: These occur due to wet floors, uneven surfaces, inadequate lighting, or obstacles in walkways.
  • Negligent Security: Property owners can be liable if inadequate security measures lead to assaults, robberies, or other criminal acts on their premises.
  • Defective Conditions: This involves dangerous conditions such as broken stairs, faulty handrails, or other structural defects causing harm.
  • Dog Bites or Animal Attacks: Owners can be held responsible for injuries caused by their pets if the attack occurs on their property.
  • Swimming Pool Accidents: Inadequate fencing, lack of warning signs, or failure to maintain pool safety can lead to accidents and drownings.
  • Elevator or Escalator Accidents: Malfunctioning or poorly maintained elevators and escalators can cause injuries.
  • Fires and Burns: Property owners might be liable if a fire occurs due to inadequate safety measures or a lack of proper precautions.
  • Toxic or Hazardous Materials: Exposure to toxic substances like mold, lead paint, or chemicals due to inadequate warnings or safety measures can lead to liability.

Your Case is Important

Call 24/7 and schedule a free consultation with our personal injury lawyers in San Jose.

Stay Connected

social media
social media
social media
social media
social media

Proving Liability in a Premises Liability Case in California

In California, to succeed in a premises liability lawsuit, you generally need to establish several key elements. These elements may vary depending on the specific circumstances of the case, but they typically include:

Duty of Care

The property owner (or occupier) owed a duty of care to the injured person. This duty of care varies based on the individual's legal status while on the property (e.g., invitee, licensee, or trespasser).

Breach of Duty

There was a breach of that duty of care. This means the property owner failed to fulfill their obligation to maintain a reasonably safe environment or failed to warn about known hazards.

Causation

The hazardous condition or negligent actions directly caused the injuries sustained by the individual. It must be established that the property owner's breach of duty was the proximate cause of the injuries.

Actual Harm

The injured party suffered actual harm or damages, such as medical expenses, lost wages, pain and suffering, or other measurable losses due to the accident.

Knowledge or Foreseeability

The property owner knew or should have reasonably known about the hazardous condition and failed to take appropriate actions to remedy it or warn visitors.

Evidence Required

Proving these elements requires evidence, such as witness testimony, maintenance records, photographs, medical records, and expert opinions to establish the property owner's negligence and the resulting harm. Each case is unique, and the specifics of the incident play a significant role in determining liability in premises liability lawsuits in California.

Legal Status of the Individual on the Property

California law also considers the legal status of the individual on the property, which determines the level of care owed to them:

  • Invitees: Those invited onto the property for business or commercial purposes are owed the highest duty of care. Property owners must maintain safe conditions and warn about known dangers.
  • Licensees: Social guests or those with implied permission to be on the property are owed a duty to be warned about known dangers.
  • Trespassers: While property owners owe a lesser duty to trespassers, they still must avoid willfully or intentionally causing harm and, in some cases, warn about hidden dangers.
Background media

Meet Our Attorneys Over 200 Years of Combined Experience

Omar Habbas

Attorney Omar Habbas

  • Top 1% nationally recognized personal injury attorney
  • $450M+ recovered through verdicts and settlements
View Omar Habbas Full Bio
Tarik Habbas

Attorney Tarik Habbas

  • Super Lawyers Rising Star for three consecutive years
  • $18M+ recovered recently for injured clients
View Tarik Habbas Full Bio

Attorney Nicholas Habbas

  • Pepperdine Caruso Law graduate focused on client advocacy
  • Leading Southern California expansion for Habbas Law
View Nicholas Habbas Full Bio
Angela Storey

Attorney Angela Storey

  • Former insurance defense attorney with strategic litigation insight
  • Past President, Santa Clara County Trial Lawyers Association
View Angela Storey Full Bio
Jessie Nudelman

Attorney Jessie Nudelman

  • Former Senior Trial Attorney for Hartford Insurance
  • Res Ipsa Loquitur Award recipient for leadership excellence
View Jessie Nudelman Full Bio
Besan Farra

Attorney Besan Farra

  • J.D. earned with distinction from San Joaquin College
  • Decade-plus personal injury experience handling complex claims
View Besan Farra Full Bio
Laura Aglouny

Attorney Laura Ajlouny

  • Secured multimillion-dollar settlements in San Bruno explosion litigation
  • Decades of handling catastrophic injury cases across California
View Laura Ajlouny Full Bio
Lynne Coates

Attorney Lynne Coates

  • 25+ years of litigation experience in complex injury matters
  • Licensed in state and federal courts throughout California
View Lynne Coates Full Bio
Jeff Rickard

Attorney Jeff Rickard

  • Three-time Trial Lawyer of the Year recipient
  • AV-Preeminent-rated attorney with 39+ years of experience
View Jeff Rickard Full Bio

Free Consultations Available Contact Habbas & Associates

Whether you have questions about your case or are ready to get started, our San Jose injury attorneys are ready to help.

This field is required.
This field is required.
This field is required.
This field is required.
Send Us a Message

This site is protected by reCAPTCHA and the Google Privacy Policy(opens in a new tab) and Terms of Service(opens in a new tab) apply.

What to Do After Being Injured on Private or Public Property

  1. Seek Medical Attention: Your health is the priority. Get medical help immediately, even if your injuries seem minor. Medical records will be crucial for your claim.
  2. Report the Incident: Notify the property owner, manager, or landlord about the incident as soon as possible. Ask for an incident report and make sure to keep a copy for yourself.
  3. Document the Scene: Take photos or videos of the accident scene, including the hazardous condition or cause of the injury, if possible. Collect names and contact information of any witnesses.
  4. Preserve Evidence: Keep any clothing or objects involved in the incident that might serve as evidence. Don't repair or discard anything related to the accident.
  5. Record Details: Write down details of the accident while they're fresh in your memory. Include what happened, the time and date, weather conditions, and any communication with the property owner or employees.
  6. Contact an Attorney: Consider consulting a premises liability attorney in San Jose. They can advise you on your rights, assess the strength of your case, and guide you through the legal process.
  7. Don't Discuss the Incident: Avoid discussing the incident on social media or with the property owner's insurance company without legal representation. Anything said might be used against your claim.
  8. Keep Track of Expenses: Maintain records of all medical bills, prescriptions, travel costs for treatment, and any other expenses related to the injury.
  9. File a Claim: With the help of your attorney, file a premises liability claim with the property owner's insurance company. Your lawyer can negotiate on your behalf to seek fair compensation.
  10. Be Patient: Premises liability claims can take time to resolve. Work closely with your attorney and follow their guidance throughout the process.

Remember, each case is unique, and the steps might vary based on the circumstances. Consulting with an experienced attorney can significantly assist in navigating the complexities of a premises liability claim.

Hear It From Our Clients

I first hired Mr. Habbas and his firm to represent me in a car accident case over 10 years ago, and since that time, I have gone back to Mr. Habbas' firm, and I have referred ma...

I first hired Mr. Habbas and his firm to represent me in a car accident case over 10 years ago, and since that time, I have gone back to Mr. Habbas' firm, and I have referred many people to him. These folks immediately respond to you, and they are friendly and trustworthy, and they do everything possible to help you get through tough times. My property damage was handled quickly, and I was very happy with the settlement that I obtained for my injuries.

Daniel L. San Jose, CA 5 out of 5 stars

I was severely hurt in a car accident involving a tractor-trailer that rear-ended my vehicle. Hiring the Habbas & Associates and working with Mr. Habbas and his colleagues was t...

I was severely hurt in a car accident involving a tractor-trailer that rear-ended my vehicle. Hiring the Habbas & Associates and working with Mr. Habbas and his colleagues was the best decision I ever made. I had two prior lawyers that I was extremely unsatisfied with. I couldn't get a return call, and I didn't know what was going on with my case most of the time. I was very distressed because my bills were piling up and I didn't know what I was going to do. Hiring Mr. Habbas changed everything. His staff and colleagues were responsive, courteous, and helpful in every respect. I obtained access to the medical care I needed, and I was operated on by one of the best back surgeons in the area, although I didn't have medical insurance. The insurance company offered $350,000.00 to settle, and the case went to trial. We received a jury award of $2,554,000.00 plus interest and costs. The insurance company appealed only to cave and pay a total of $3,000,000.00. I am grateful to Mr. Habbas and his colleagues for everything they have done for me.

Gordon T. San Jose, CA 5 out of 5 stars

I suffered serious injuries because a janitor left streaks of water on a tile floor in the hallway of a building, which caused me to slip and fall while exiting from one of my p...

I suffered serious injuries because a janitor left streaks of water on a tile floor in the hallway of a building, which caused me to slip and fall while exiting from one of my patients' hospital rooms. The insurance company denied the claim, forcing my attorneys, Habbas & Associates, to file a lawsuit. The Habbas firm was very aggressive and thorough. 

They investigated the accident, and they questioned all important witnesses and gathered all of the evidence required to prove negligence. Although my claim was initially denied, a substantial settlement was obtained by the Habbas firm. Prior to this incident, I had never had a personal injury claim, and I never expected to have to hire an attorney to represent me for something like this. 

Mr. Habbas and his staff are efficient, helpful, responsive, and caring. They make you feel at ease. They explain the process, and they keep you up to date. There is no one else I would prefer to have in my corner to protect me.

Dr. S.E. San Jose, CA 5 out of 5 stars

I was seriously hurt in a car accident that was caused by another motorist, and my airbag didn't deploy. I hired Habbas & Associates to represent me because I wasn't getting any...

I was seriously hurt in a car accident that was caused by another motorist, and my airbag didn't deploy. I hired Habbas & Associates to represent me because I wasn't getting anywhere with the insurance company, and I didn't know how to make a claim against the manufacturer of the vehicle or airbags. Mr. Habbas and his staff were amazing. They fully explained all my rights and what they would do, step by step. I felt relieved in having what I felt was a great team of experienced lawyers and staff on my side.

I suffered severe nerve injuries in my face, and with the help of Mr. Habbas, I was able to acquire treatment from some of the best medical doctors in the State. My case was settled at mediation for approximately $950,000.00 within a short time after a lawsuit was filed. I can't say enough about how much Mr. Habbas and his firm care about their clients. I will always refer anyone I know to them.

Roberta S. San Jose, CA 5 out of 5 stars

Omar Habbas will fight for you and give you the best results out of your case, I know. They take good care of their clients. I’ve never been happier. Thank you to the enti...

Omar Habbas will fight for you and give you the best results out of your case, I know. They take good care of their clients. I’ve never been happier. Thank you to the entire team at Habbas & Associates. You are highly recommended.

Nina Wright 5 out of 5 stars

My wife and I got rear-ended by a DUI male driver in his mid-twenties. We suffered neck injuries and were rushed to the Emergency Dept in Natividad Hospital in Salinas, CA. One ...

My wife and I got rear-ended by a DUI male driver in his mid-twenties. We suffered neck injuries and were rushed to the Emergency Dept in Natividad Hospital in Salinas, CA. One of my children searched for an Injury Lawyer who has a great reputation in this kind of case, and she chose HABBAS & ASSOCIATES in San Jose, CA. 

We met with Mr. Hoang Le, and he explained the process. Mr. Le and the rest of the staff of Habbas & Associates were caring and showed concern for our welfare. It took a while for us to recover from those injuries, but with Mr. Le's assistance and with constant follow-ups with the insurance companies, we felt secure and less stressed. He answered all of our questions every time we had one, and that's why we are so happy and blessed to have Habbas and Associates on our side. I strongly recommend them.

Feliciano & Maria Verzosa Hollister , CA 5 out of 5 stars

Prior to working with Habbas & Associates, I had never worked with an attorney before, and I had never been in a car accident before. A friend of mine suggested I contact th...

Prior to working with Habbas & Associates, I had never worked with an attorney before, and I had never been in a car accident before. A friend of mine suggested I contact them, so, of course, I am going to take a friend’s suggestions, especially since he had great things to say. I was extremely anxious and hesitant to contact an attorney, especially since I have never dealt with such a well-advertised firm as Habbas. 

Laura Ajlouny worked with me through the whole process. From the first phone call, she completely reassured me of my decision and was extremely helpful, patient, and understanding with my claim. She was especially understanding of my anxiousness in dealing with an attorney for the first time. I am so happy to have had her as my attorney. 

The experience I had with Laura was exceptional, and I will 100% refer her and Habbas to anyone seeking an attorney for an accident. She made the experience a great one.

Juan A. 5 out of 5 stars

I had retained the services of Habbas, Nasseri & Associates when my mother-in-law was hit by a car while she was on an evening walk in our neighborhood. She had to undergo s...

I had retained the services of Habbas, Nasseri & Associates when my mother-in-law was hit by a car while she was on an evening walk in our neighborhood. She had to undergo surgery and was wheelchair-bound for some time. The case manager Hoang Le stopped by our home multiple times while my mother-in-law's mobility was restricted and was extremely helpful, responsive, knowledgeable, and easy to work with. He managed everything from getting reports from the Sheriff's office to managing the case paperwork and follow-up with the hospital and ambulance services. 

Mr. Habbas himself called over the phone and explained all the legal options, after which, in due course of time, the case was settled. We are extremely happy with the seamless experience that they provided. All in all, you'd wish you never had to run into any injury situations, but if you do, then Habbas law firm is the place to go.

Neil T. 5 out of 5 stars

Omar Habbas and his team were very professional, efficient, and extremely effective. They fought hard to get the best results on my difficult case and always kept me up to date ...

Omar Habbas and his team were very professional, efficient, and extremely effective. They fought hard to get the best results on my difficult case and always kept me up to date with every step in the entire process. I’m so glad I found this law firm and extremely happy with the results. Very highly recommend them to family and friends. If you or a loved one needs help, don’t hesitate to call them!

AJ B. 5 out of 5 stars

I’m highly impressed by their strong commitment to serving their clients and giving back to the community.

Victoria M. 5 out of 5 stars

In a little over a month, Habbas & Associates secured the best possible settlement 
I could ever get.

Brian T. 5 out of 5 stars

They helped me move forward with my case and get my sense of peace back.

Tiffany H. 5 out of 5 stars

I’m definitely going to recommend Habbas to all of my friends and family.

Young J. 5 out of 5 stars

Trusting my injury case with Habbas & Associates was the best decision ever! They made everything super easy and stress free.

Nate 5 out of 5 stars

I was in a car accident recently, and was referred to Habbas and Associates by my boss. I called and I spoke with Jessica who made everything so easy from the beginning. She kep...

I was in a car accident recently, and was referred to Habbas and Associates by my boss. I called and I spoke with Jessica who made everything so easy from the beginning. She kept me informed throughout the entire process with phone calls and emails. I really appreciate that she gave me the option to pick up my settlement check at either one of their offices or have it mailed to me. If you’re looking for a personal injury attorney, you should call Habbas & Assoc. i’m definitely going to recommend Habbas to all of my friends and family!

Lisa P. 5 out of 5 stars

We weren’t planning to get a lawyer, but on top of my daughter’s injury, the situation was overwhelming. Laura Ajlouny at Habbas was sympathetic, experienced and sha...

We weren’t planning to get a lawyer, but on top of my daughter’s injury, the situation was overwhelming. Laura Ajlouny at Habbas was sympathetic, experienced and sharp! She took care of handling both insurance companies, the police department, and getting all the info needed from the hospital. We ended up getting more compensation for my daughter’s distress than we would have on our own. And we only had to pay for legal fees out of the compensation we received. It was a no brainer. I wholeheartedly recommend Laura and her team.

Sasha S. 5 out of 5 stars

Great law firm they took my personal injury case on when other law firms would not and obtained a very good settlement. Very responsive throughout the process and addressed all ...

Great law firm they took my personal injury case on when other law firms would not and obtained a very good settlement. Very responsive throughout the process and addressed all my concerns in a timely fashion. I give them my highest recommendation.

Hasan A. 5 out of 5 stars

I hired Ms. Ajlouny to represent me as a pedestrian who was struck by a motor vehicle in October 2025. One of the reasons I hired her was because she had over 30 years of experi...

I hired Ms. Ajlouny to represent me as a pedestrian who was struck by a motor vehicle in October 2025. One of the reasons I hired her was because she had over 30 years of experience as a PI attorney. I have done over 30 years of paralegal work and I have learned that some of the best attorneys are those with the most experience. In a little over a month, Ms. Ajlouny secured the best possible settlement I could ever get. Statistics show that having a good PI attorney usually results in settlements that are 3 - 4 X greater than in pro per cases. I'd like to add that Ms. Ajlouny always kept me posted about my case and was very professional as well. Thank you and I hope my review helps.

5 out of 5 stars

Habbas & Associates were great as they helped me through an accident and injury case! We were dealing with Tesla insurance who were very slow but the Habbas attorneys stayed...

Habbas & Associates were great as they helped me through an accident and injury case! We were dealing with Tesla insurance who were very slow but the Habbas attorneys stayed vigilant and I eventually got paid out. Thanks to them and I would definitely recommend using them for your accident/injury claims!!

Abdullah A. 5 out of 5 stars

If you've got into an accident and want a lawyer that actually cares for your well-being then you need to go to Habbas & Associates! I've had an absolutely wonderful experience ...

If you've got into an accident and want a lawyer that actually cares for your well-being then you need to go to Habbas & Associates! I've had an absolutely wonderful experience with them and they were on the ball immediately with scheduling doctors appointment and gathering evidence of the accident. They maintained concerned about my health the whole time and always asked how I was doing during this process. They got me the absolute highest amount they could in my case and didn't let the at faults party defense lawyers talk them into taking substantially less amount. Thank you Habbas and Associates for all your hard work and care!

Ian G. 5 out of 5 stars

Laura Ajlouny and the Habbas & Associates team were supportive, attentive, and truly had my best interests at heart. They guided me through the process with care and profess...

Laura Ajlouny and the Habbas & Associates team were supportive, attentive, and truly had my best interests at heart. They guided me through the process with care and professionalism—and delivered results. Highly recommend!

Anonymous 5 out of 5 stars

If you got into an accident and want a lawyer that actually cares for your well-being then you need to go to Habbas & Associates. 

Ian G. 5 out of 5 stars

We ended up getting more compensation for my daughter’s distress than we would have on our own.

Sasha S. 5 out of 5 stars
Doctor media

Seeking Compensation for Your Premises Liability Case

Premises liability cases can be legally complex, and they usually require the assistance of legal experts who can navigate through the laws and stipulations of filing a claim. It is important to hire an experienced attorney from a well-established law firm who has significant resources and an extensive knowledge of the law in order to determine the cause of an accident. At Habbas & Associates, we have over 200 years of experience fighting for victims who have been needlessly injured, and we aggressively fight for the compensation they deserve.

In order to seek compensation for your premises liability claim, you must be able to prove that there is actual fault or negligence on the part of the property owner or occupier. Our firm can help you gather the necessary evidence to prove that the owner failed to use reasonable care to keep the property in a reasonably safe condition. We will stay by your side throughout the entire process, and we will advocate tirelessly for your rights in the courtroom. Give us a call at (888) 387-4053 or fill out our contact form for a free consultation today!

building media

Our Case Results

Premises Liability $2.6 Million Awarded

Client, a minor, was served an excessive amount of alcohol at a party at one of his friend...

Client, a minor, was served an excessive amount of alcohol at a party at one of his friends home that had a significant amount of minors in attendance and which occurred at one of his friends home while the parents were present and had knowledge of excessive drinking by underage individuals. Client was driven home by another friend and while being dropped off he stumbled onto the ground and was run over by the vehicle his friend was driving, sustaining fatal injuries. Claims were made under a homeowners policy for the parents home and under an automobile insurance policy. The policy limits for each insurer were recovered.

While you focus on healing, we take care of the rest.

No Cost Consultation | Call 24/7

Give Habbas & Associates a phone call at (408) 278-0480

Whether you have questions about your case or are ready to get started, our San Jose injury attorneys are ready to help.

This field is required.
This field is required.
This field is required.
This field is required.
Send Us a Message

This site is protected by reCAPTCHA and the Google Privacy Policy(opens in a new tab) and Terms of Service(opens in a new tab) apply.

Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (408) 278-0480.
Contact Us