FULLERTON dangerous property condition Lawyer


Whenever you are on someone else’s property, you never expect to encounter a situation that can cause you harm. Unfortunately, unsafe conditions can exist on nearly any property and in any given situation.

These dangerous property conditions can result in you suffering some of the most severe harm, and it’s vital for you to recognize what legal rights and options you have to pursue compensation if you suffer an injury.

Our Fullerton dangerous property condition attorneys at Pirnia Law Group are here and ready to help you every step of the way. We have a clear understanding of these types of cases, and we’ve helped countless clients pursue the justice they deserve after being a victim of negligence.

Our focus is on holding responsible parties accountable when you suffer harm so you can move forward with confidence.

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What are Dangerous Property Conditions?

As an invitee or licensee, you need to recognize the various situations in which you may encounter a dangerous property condition. Recognizing what these are and how they arise can help in showing liability.

Unfortunately, these cases can seem difficult if you’re unable to show that the property owner was aware of the condition, but it still benefits you to recognize how these accidents may happen.

Some of the most dangerous property conditions include the following:

  • Broken steps and handrails in stairwells
  • Falling debris or merchandise sitting at a high level
  • Falls on ice, snow, slippery floors, and more
  • Uneven risers, pavement, carpet, and rugs
  • Poor lighting in a store or building

Dangerous property conditions often arise because property owners fail to maintain their grounds as necessary. In some situations, the premises owner may try to maintain their property, but they may not do so adequately, leaving room for dangers to exist. In these situations, the property owner is still negligent because the problem was not completely remedied and you were not warned of the danger.

Owner vs. Occupier Liability

In any case involving property and premises liability, one big thing you need to understand is owner and occupier liability. Recognizing the differences between the two can give you a better idea of who is responsible for the damages you sustain.

Below, we’ll break down each so you can get a better idea of what to expect in the process and against whom you should take action. 

  • Occupier liability: Occupier liability is different from owner liability because an occupier may not be responsible for maintenance, but he or she may be responsible for reporting any known issues. For instance, consider a renter in a home. He or she is an occupier, and thus must report any dangerous property conditions to the landlord who would then remedy the situation. However, if the renter does not report the issue nor fix it themselves and you suffer harm because of it, the occupier is essentially liable for the damages. 

  • Owner liability: Owner liability pertains to any situation in which the property owner is responsible for remedying any problems or warning invitees or licensees about the issue. In this case, consider a small convenience store. The owner has received a report that there is water spilled on the grounds and he or she should either put up a sign warning of the problem or fix it. Should someone slip and fall after the owner has been notified, the property owner is responsible.

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Types of Injuries Resulting from Dangerous Property Conditions

Injuries resulting from dangerous property conditions can vary, but many of them can be serious.

For instance, you can suffer a traumatic brain injury, spinal cord damage, neck injury, broken bones, internal bruising, and more.

In the most severe cases, some dangerous property conditions can result in death (such as in a drowning accident). Because of many of the lifelong damages, it’s vital to pursue compensation quickly. 

Steps to Take to Protect Your Rights After a Dangerous Property Condition Injury

After an injury resulting from a dangerous property condition, make sure you’re taking the steps to protect yourself.

These steps include the following:

  • Report the situation to the owner of the property as soon as possible. You also want to ensure you get the insurance information of the business, homeowner, or renter. The more information you have, the better.
  • Take photos of the dangerous condition if you can.
  • Speak with witnesses who can help you tell your story to the insurance company.
  • Get medical care to start your recovery.
  • Speak with a lawyer who can help you understand what comes next and where you can pursue compensation.

Speaking with a lawyer is one of the most important things you can do to have a clear understanding of your rights. With an attorney, you can work to prove that the property owner had a clear knowledge of the danger and can work to prove liability and pursue compensation on your behalf.


How Do Unsafe Premises Harm People?

There are numerous issues that can arise on someone else’s property, and it’s vital for all individuals to recognize how problems cause harm.

For instance, you may suffer harm on an unsafe premises should there be a broken handrail on a stairway. When you go to use the stairs, you may push on the handrail, it may break, and you may fall.

Similarly, a grocery store may have a slippery floor, but no signs warning of the danger. As you’re walking through the aisles, you slip and fall. This is something that the property owner should have been aware of and responsible for cleaning.

Is a Tenant an Invitee?

California law states that any person on a property for the purpose of commercial benefit by the property owner is considered an invitee. Because you are a tenant renting a room or apartment from someone, you are considered an invitee because the property owner is benefiting economically from you being there.

If you suffer an injury on the property, even though it is your dwelling, you can hold your landlord accountable if the injury was a result of a dangerous property condition.

What is Considered Attractive Nuisance?

An attractive nuisance is anything that poses a potential danger of which the property owner is aware. It must also show that the property owner knew that the attractive nuisance would attract children and that the children could suffer harm.

For instance, a swimming pool may be considered an attractive nuisance because it attracts younger children and without proper supervision, severe problems can arise such as drowning. 

Am I liable if a kid gets hurt on my property?

If a kid is hurt on your property, your liability is often dependent on the child’s age and whether or not he or she is an invitee or licensee.

If the child is under the age of six or seven (it changes in each state) the court will not consider him or her responsible for any situation, even if he or she is trespassing when the injury occurs.

However, if a child is over the age of six or seven, can make decisions on his or her own, and makes the decision to trespass on someone else’s property, you as a property owner may not be liable for any damages sustained.

It’s important to speak with an attorney who can help you understand what comes next and what your rights are to pursue compensation.

Who Do You Sue in a Premises Liability Lawsuit?

In a premises liability lawsuit, you are technically suing either the owner or the occupier of the property. In any case, you’re most often going through an insurance company to pursue compensation, it’s more of a question of who is responsible and who provides coverage to that individual.

Whether you’re going through a homeowner’s policy or renter’s insurance, it’s vital to recognize that they are responsible for paying out and having a lawyer on your side can work in your favor when pursuing compensation.


Going through any kind of premises liability case following a dangerous property condition injury can be difficult. You are often trying to get compensation through the insurance company and they’re often looking for any way they can reduce the amount they are paying or deny your claim completely. They have large legal teams ready to defend the property owner and limit their own liability.

The best way to protect your rights is to work with a Fullerton personal injury lawyer who can guide you every step of the way. At Pirnia Law Group, we truly care about your needs and best interests moving forward. It’s our top priority to pursue the justice and compensation you need.

We offer our services on a contingency fee basis so you don’t have to pay unless we’re able to successfully recover the outcome you need. Trust in our team to be your guide. 

Call our legal team today to discuss your potential options. We offer free consultations so you can get answers to your questions quickly.