Accidents on private property are more common than many realize, often leaving victims wondering whether they can sue the property owner. The answer depends on several factors, including your legal status as a visitor and the property owner’s responsibility to keep the premises safe. At Hillstone Law, we help injured victims understand their rights and pursue the compensation they deserve when a property owner fails to maintain a safe environment.

Visitor Status and Why It Matters

In premises liability cases, your right to compensation often depends on your legal status when the injury occurred:

• Invitee: Someone invited for a business purpose, such as a customer or client.
• Licensee: A guest with permission to be on the property, such as a friend, neighbor, or social visitor.
• Trespasser: Someone who enters without permission.

Property owners owe the highest duty of care to invitees, ensuring the premises are safe and warning of potential dangers. Licensees are also entitled to reasonable safety measures, while trespassers generally have fewer protections though there are important exceptions.

Duties of Private Property Owners

California law requires property owners to take reasonable steps to keep their premises safe. This includes:

• Repairing or removing dangerous conditions
• Providing warnings about hazards that may not be obvious
• Maintaining common areas such as walkways, driveways, and staircases
• Taking precautions when children are likely to trespass, especially around “attractive nuisances” like swimming pools

Homeowners are not typically required to warn about dangers that are open and obvious, but they can still be held liable if they fail to address hazardous conditions that pose unreasonable risks.

Trespassers and Special Considerations

While property owners generally do not owe a duty of care to trespassers, exceptions exist:

• Known Trespassers: If the property owner is aware of trespassers, they may need to warn them about hidden dangers.
• Children: The law holds property owners to a higher standard when children trespass, especially if man-made hazards attract them, such as pools, abandoned equipment, or unsecured construction areas.

Additionally, if a trespasser is later invited onto the property, their legal status may change, affecting the outcome of a potential lawsuit.

When Property Conditions Complicate a Case

The condition of the property often plays a major role in these cases. Unsafe walkways, poor lighting, loose railings, or dangerous animals on the premises can increase the property owner’s liability. Different states have varying rules, but in California, courts typically focus on how the property is maintained and whether the injury was foreseeable.

How Hillstone Law Can Help

Premises liability cases can be complex, especially when visitor status, hidden hazards, or trespassing laws come into play. At Hillstone Law, we thoroughly investigate the circumstances of your accident, determine whether negligence occurred, and fight to secure maximum compensation for your:

• Medical bills and ongoing treatment
• Lost wages or loss of earning ability
• Pain and suffering
• Emotional distress
• Long-term disability or permanent injuries

Get a Free Consultation

If you were injured on private property in California, you don’t have to navigate the legal system alone. Contact Hillstone Law today for a free consultation. Our experienced personal injury attorneys are ready to review your case, explain your rights, and pursue the compensation you need to recover.