Accidents on private property can lead to serious injuries, and property owners may be liable for unsafe conditions in Los Angeles County. Michael D. Waks is a private property accidents lawyer dedicated to helping victims hold negligent owners accountable. From slip-and-fall incidents to hazardous conditions, his firm provides expert legal guidance to secure compensation. Contact Michael D. Waks at (888) 394-1174 for a free consultation to protect your rights after a private property accident.

Differences Between Public and Private Property Liability

Accidents can happen anywhere—on a city sidewalk, inside a government building, or at a privately owned business. When someone is injured on another person’s property, the question of liability often arises. In California, property owners and managers have a legal responsibility to maintain safe conditions and warn visitors about potential hazards. However, the process of pursuing a claim can differ significantly depending on whether the property is publicly or privately owned. Understanding these differences is essential for anyone seeking compensation after an injury in Los Angeles County.

The Basics of Premises Liability Law

Premises liability refers to the legal duty of property owners and occupiers to ensure their property is reasonably safe for visitors. When they fail to meet this duty and someone is injured as a result, the injured person may have the right to file a claim for damages.

Under California law, property owners are generally responsible for injuries caused by unsafe conditions that they knew about or should have known about. These conditions can include:

Wet or slippery floors
Uneven sidewalks or broken pavement
Poor lighting or lack of warning signs
Defective handrails or stairs
Falling debris or unsafe construction zones
Negligent security leading to assaults or robberies

While the principles of negligence apply in both public and private property cases, the procedures, timelines, and parties involved can vary widely.

Liability on Private Property

Private property includes places like homes, apartment complexes, retail stores, restaurants, and office buildings. In these locations, the owner or tenant who controls the property is typically responsible for maintaining safety.

To hold a private property owner liable, an injured person must prove:

The property owner owed a duty of care to maintain a safe environment.
The owner breached that duty by failing to fix or warn about a hazard.
The breach directly caused the injury.
The victim suffered damages as a result.

California law also recognizes different levels of responsibility depending on why a person was on the property:

Invitees: People invited onto the property for business purposes, such as customers or clients, are owed the highest duty of care. Owners must regularly inspect the premises and address hazards promptly.
Licensees: Social guests and others who enter with permission but for non-business reasons must be warned about known dangers that might not be obvious.
Trespassers: People who enter without permission are generally not owed a duty of care, except in certain cases involving children or intentional harm.

If a property owner fails to take reasonable steps to prevent injuries—such as repairing broken flooring or posting warnings about slippery surfaces—they can be held financially responsible. Compensation may include medical expenses, lost wages, and pain and suffering.

Liability on Public Property

Public property includes spaces owned and maintained by government entities such as cities, counties, or state agencies. This can include public parks, sidewalks, government buildings, schools, and roadways.

While the same basic concept of premises liability applies, claims against public entities are governed by specific rules under the California Government Claims Act. This law provides limited immunity to government agencies and requires injured parties to follow a strict process before filing a lawsuit.

Filing a Claim Against a Public Entity

If you are injured on public property in Los Angeles County, you cannot immediately file a lawsuit. Instead, you must first file an administrative claim with the appropriate government agency. This claim must be submitted within six months of the date of the injury.

The government entity then has 45 days to respond. If the claim is denied, you have six months from the date of denial to file a lawsuit in civil court. If the government does not respond within 45 days, you may proceed with a lawsuit, but you must do so within two years of the injury.

These deadlines are much shorter than in typical personal injury cases, where the statute of limitations is generally two years. Missing the filing deadline in a public property case can result in losing your right to seek compensation entirely.

Examples of Public Property Liability Cases

Accidents on public property can take many forms. Common examples include:

Slipping on a wet floor in a government building
Tripping over uneven pavement on a city sidewalk
Falling due to a broken handrail in a public parking structure
Getting injured because of poor lighting in a county park
Vehicle damage or injury from potholes or unsafe road conditions

To prove a claim, you must show that the government agency was negligent and that the dangerous condition posed a foreseeable risk. You must also show that the agency had notice of the hazard and failed to take reasonable steps to fix it.

Key Differences Between Public and Private Property Liability

While both public and private property cases involve the concept of negligence, several important differences set them apart:

Who can be sued: In private property cases, you typically sue an individual, business, or insurance company. In public property cases, you must file a claim against a government entity, such as the City of Los Angeles or the Los Angeles County Department of Public Works.
Filing deadlines: Public property claims have much shorter deadlines—six months to file an administrative claim—while private property claims generally have a two-year statute of limitations.
Legal protections: Government entities have certain immunities that private owners do not. Some types of claims cannot be filed against public agencies, even if negligence is suspected.
Procedures: Public property claims require a formal administrative process before a lawsuit can begin. Private property claims go directly to court if settlement negotiations fail.
Burden of proof: In public property cases, victims must prove that the dangerous condition was foreseeable, that the agency had actual or constructive notice, and that reasonable steps were not taken to prevent harm.

Common Challenges in Public and Private Property Claims

Premises liability cases often involve complex investigations and evidence gathering. In both public and private property claims, proving that the responsible party knew—or should have known—about the hazard can be difficult.

In public property cases, the added layer of government immunity and short filing deadlines makes it even more important to act quickly. Missing paperwork, delays, or lack of documentation can cause a claim to be dismissed.

In private property cases, owners or insurers may argue that the victim was partly to blame for the accident or that the hazard was open and obvious. California follows a comparative negligence rule, which means compensation can be reduced if the injured person is found partially at fault.

How an Attorney Can Help

Navigating a premises liability claim—especially one involving a public agency—requires careful legal guidance. An experienced personal injury attorney in Los Angeles County can help by:

Investigating the accident and gathering evidence
Identifying whether the property is public or private
Filing all necessary paperwork within deadlines
Negotiating with insurance companies or government agencies
Representing you in court if the case proceeds to trial

Having professional representation ensures that your rights are protected and that you pursue every available source of compensation.

Understanding the difference between public and private property liability is crucial when pursuing an injury claim in Los Angeles County. While both types of cases fall under California’s premises liability laws, public property claims involve stricter procedures, shorter time limits, and unique legal protections for government agencies.

Hold Negligent Property Owners Accountable with a Los Angeles County Private Property Accident Attorney

If you were injured on private property, you have legal options. Michael D. Waks, a knowledgeable Los Angeles County private property accident attorney, is ready to help you pursue the compensation you deserve for your injuries and losses. He will evaluate every aspect of your case to ensure negligent property owners are held accountable. Call Michael D. Waks at (888) 394-1174 for a free consultation and protect your rights today.