When you walk into a grocery store, visit a friend’s apartment building, or dine at a restaurant, you have a reasonable expectation of safety. You trust that the floor will be dry, the stairs will be sturdy, and the walkways will be clear of hazards.
Unfortunately, property owners and managers in San Francisco all too often fail in their basic duty to keep their premises safe, leading to devastating and preventable injuries.
One moment you are going about your day, and the next you are on the ground in excruciating pain because of a slippery floor, a broken step, or a poorly lit hallway. Suddenly, you are facing serious injuries, overwhelming medical bills, and a long, difficult recovery.
The property owner may try to blame you, claiming you should have been more careful. Their insurance company will do everything possible to deny your claim or pay you as little as possible.
This is not right, and it is not fair. At The Zinn Law Firm, an experienced San Francisco premises liability lawyer is ready to stand by your side. We believe that negligent property owners must be held accountable for the harm they cause. We built our firm on a powerful principle: We Care, Commit, Win. We are here to be your advocates, to fight for your rights, and to demand the justice you deserve.
Holding Negligent Property Owners Accountable: Why Choose Zinn Law
After a serious injury, you need a premises liability attorney with the skill, resources, and tenacity to prove that a property owner’s negligence caused your harm. Premises liability cases can be challenging to win, but The Zinn Law Firm has a long track record of holding even the largest property owners and corporations accountable.
"We Care, Commit, We Win" is our promise to you.
- We Care: We understand the frustration and pain you are experiencing. A sudden fall or other accident can leave you vulnerable and unsure of what to do next. Our attorneys, Carter Zinn and Justin Powers, provide the personal attention and compassionate support you need during this difficult time. We listen to your story and stand by you every step of the way.
- We Commit: We dedicate ourselves to building the strongest case on your behalf. We will launch a thorough investigation into the incident, gather critical evidence before it disappears, and handle all communications with the property owner’s insurance company. We prepare every case for the possibility of trial, which sends a clear message that we will not back down from a fight.
- We Win: Our results speak for themselves. We have a history of securing significant compensation for clients with serious injuries. Our deep understanding of California premises liability law and our reputation as formidable trial lawyers give our clients a powerful advantage in settlement negotiations and the courtroom.
We focus on serious injury cases and work on a contingency fee basis, so you pay no fees unless we win your case. We will travel to you to discuss your situation. Let us put our experience to work for you.
If you suffered an injury because of a dangerous condition on someone else's property, call us today at (415) 292-4100 for a free consultation with an experienced San Francisco premises liability attorney.
What is Premises Liability? A Property Owner's Duty of Care in California
Premises liability law holds property owners and managers responsible for injuries on their property due to dangerous or unsafe conditions.
The legal principle of negligence is the foundation of every premises liability case in California. Under the law, all property owners must use reasonable care to keep their property in a reasonably safe condition for visitors, tenants, and customers.
This duty of care means that a property owner must:
- Maintain their property in a safe condition.
- Inspect their property for any hidden dangers.
- Repair any hazardous conditions promptly.
- Clearly warn visitors about any dangers you cannot immediately repair.
When a property owner fails to meet this duty of care and someone gets hurt as a result, the owner is legally liable for the victim's injuries and other losses.
The Key to Your Case: Proving the Owner Knew About the Danger
Winning a premises liability case is not as simple as showing that you suffered an injury on someone else’s property. The most important part of your case is proving that the property owner was negligent. To do this, we must show that the owner knew, or should have known, about the dangerous condition that caused your injury and failed to take reasonable steps to fix or warn you about it.
This legal concept is known as "notice." There are two types of notice in a premises liability case:
Actual Notice
This means the property owner or their employees knew about the hazard. For example, if a customer told a store manager about a large spill on the floor, the store had actual notice of the danger.
Constructive Notice
This is often the key to winning a slip and fall case. Constructive notice means the dangerous condition existed for a long enough time that the property owner, through reasonable care, should have discovered it.
This standard was famously established in the landmark California Supreme Court case, Ortega v. Kmart Corp. For example, if a puddle of melted ice cream sits on a grocery store floor for an hour, the store has constructive notice because a reasonable inspection should find it.
Proving constructive notice often requires a deep investigation. At The Zinn Law Firm, we work quickly to gather evidence like surveillance footage, witness statements, and internal cleaning logs to show that the owner failed to inspect their property and keep you safe.
Types of Premises Liability Cases We Handle
Unsafe property conditions can exist in many forms. Our firm has the experience to handle a wide variety of premises liability claims, including:
- Slip and Fall Accidents: These are the most common type of premises liability case, often caused by wet floors, food spills, or recently mopped areas without warning signs. Falls are a leading cause of injury, with the National Safety Council (NSC) reporting that they are a primary cause of missed workdays.
- Trip and Fall Accidents: Hazards like broken pavement, uneven sidewalks, torn carpeting, electrical cords stretched across walkways, or merchandise left in aisles cause these incidents.
- Negligent Security: When a property owner in a high-crime area fails to provide adequate lighting, working locks, or security personnel, they can be held responsible for assaults or robberies that occur on their property.
- Elevator and Escalator Accidents: Malfunctions due to poor maintenance can cause sudden stops, falls, and other serious injuries.
- Swimming Pool Accidents: Drowning and other injuries can occur when pools are not properly fenced, gated, or supervised.
- Falling Objects: In stores, warehouses, or construction sites, improperly stacked merchandise or materials can fall and strike a person below.
Common Defenses Property Owners Use (And How We Fight Them)
Property owners and their insurance companies will use several common arguments to avoid paying for your injuries. Our experienced personal injury attorneys know how to counter these defenses.
- "The Danger Was Open and Obvious": They will argue that the hazard was so obvious that you should have seen and avoided it. We counter this by showing that even if a hazard is visible, it may not be easily avoidable, or that the owner still had a duty to fix it.
- "You Weren't Paying Attention": This is a form of blaming the victim. They will claim you were distracted, perhaps by your phone, and that your carelessness caused the accident. We work to show that the owner's negligence was the primary cause of your injury.
- The Recreational Use Statute: In some cases involving outdoor or undeveloped land, owners may claim protection under California’s "Recreational Use Statute." This law can shield owners from liability when someone suffers an injury while using their land for recreation free of charge. However, this protection is not absolute. It does not apply if the owner acted willfully, maliciously, or expressly invited you onto the property.
Where Do Premises Liability Accidents Happen in San Francisco?
An injury from an unsafe condition can happen almost anywhere in a bustling city like San Francisco. We frequently see these accidents occur in:
- Grocery and Retail Stores: Common hazards include spills, falling merchandise, and cluttered aisles.
- Restaurants and Bars: Wet floors, poor lighting, and broken stairs can lead to serious falls.
- Apartment Buildings: Landlords must safely maintain common areas like stairwells, hallways, and parking lots.
- Parking Garages: Poor lighting, cracked pavement, and oil slicks can create dangerous conditions.
- Public Sidewalks: While often a city's responsibility, a business owner may be liable for unsafe conditions on the sidewalk directly in front of their property. San Francisco has specific ordinances, such as those within the Public Works Code, govern sidewalk maintenance and repair.
- Commercial Office Buildings: Worn-out flooring, faulty elevators, and other maintenance issues can cause injuries to tenants and visitors.
Protecting Your Rights After an Injury on a San Francisco Property
The shock of an injury on someone else’s property can feel overwhelming. The steps you take in the following days and weeks, however, directly impact your health and your ability to secure compensation. The property owner’s insurance company will immediately begin building a case to pay you as little as possible. You must build a stronger one for yourself.
Follow the Treatment Plan from Your Medical Provider
Your health is the top priority. Whether you received initial care at Zuckerberg San Francisco General, a UCSF Health facility, or a local urgent care clinic, it is best to follow their treatment plan precisely. Attend every follow-up visit, complete physical therapy, and fill prescriptions.
In San Francisco, where getting medical appointments can be challenging, keeping a consistent record of care is powerful proof of your injuries. The insurance company will use any gap in treatment to argue your injuries weren’t serious.
Track Every Expense and Document Your Daily Struggles
In a high-cost city like San Francisco, every dollar of medical bills and lost earnings creates significant financial pressure. Start a specific file for all accident-related costs: medical co-pays, pharmacy receipts, invoices for medical equipment, and even your Muni or rideshare receipts for trips to the doctor.
At the same time, keep a daily journal. Document your pain levels and how your injury impacts your life in the Bay Area—whether it’s the inability to walk up your apartment stairs, navigate a crowded BART station, or enjoy a walk at Crissy Field. This detailed record plays a key role in recovering the full compensation you deserve.
Preserve Any Physical Evidence from the Incident
You may have important evidence in your possession. The shoes you were wearing, especially if the heel broke or the soles were slippery, should be set aside. Place the clothes you wore, especially if torn or stained during the fall, in a sealed bag without washing them. This physical evidence can help prove what happened. Taking photos of your injuries as they heal is also very helpful in creating a visual record of your recovery process.
Do Not Give a Recorded Statement to the Insurer
Whether the property is a retail store in Union Square, a restaurant in North Beach, or an apartment building in the Mission, the owner’s insurance company will contact you. They will sound helpful and will ask to take a recorded statement. You must politely refuse. They train themselves to ask leading questions that make you downplay your injuries or accidentally accept partial blame. Insurance companies use that recording as official evidence to deny or reduce your claim. Your only response should be: "My attorney will contact you."
Contact a San Francisco Premises Liability Lawyer Immediately
This is the single most effective step you can take to protect your future. An experienced SF-based lawyer understands the local court system in San Francisco County and the tactics used by property owners in the Bay Area.
At The Zinn Law Firm, we will immediately take over all communication with the insurance company, send legal notices to preserve evidence like surveillance footage, and begin building your case. We handle the legal fight so you can focus on your recovery.
San Francisco Premises Liability FAQs
What is the deadline for filing a premises liability lawsuit in California?
In California, the statute of limitations for personal injury claims, including premises liability, is generally two years from the date of the injury. If you fail to file a lawsuit within this period, you will likely lose your right to seek compensation forever.
Certain exceptions exist, so consult an attorney immediately to protect your rights.
What compensation can I recover in a premises liability claim?
California law allows injury victims to seek compensation for a wide range of damages. These include economic damages, which cover measurable financial losses like medical bills (past and future), lost wages, and lost earning capacity.
You may also recover non-economic damages for physical pain, mental suffering, emotional distress, and diminished quality of life.
What happens if the property owner claims I was partially at fault for my accident?
California follows a "pure comparative negligence" rule. This means you can still recover compensation even if you were partially responsible for the accident. However, the court will reduce your total compensation award by your percentage of fault.
Insurance companies often use this tactic to reduce what they pay, making skilled legal representation essential.
What does it cost to hire your firm for my premises liability case?
The Zinn Law Firm handles all serious injury cases on a contingency fee basis. This means you pay no upfront costs or attorney’s fees.
We advance all costs necessary to investigate and prosecute your case. We only receive a fee if we successfully recover compensation for you through a settlement or a verdict. If you do not get paid, we do not get paid.
Contact a San Francisco Premises Liability Lawyer Today
You should not have to pay for a property owner's negligence. If a dangerous condition seriously injures you, a San Francisco personal injury lawyer at The Zinn Law Firm can help you seek compensation for your medical care, lost earnings, and pain and suffering. The Zinn Law Firm is here to hold the responsible parties accountable.
Contact us today for a free, no-obligation consultation to discuss your case. We will listen to your story, explain your legal options, and outline how we can fight for you. We work on a contingency fee basis, so you pay nothing unless we win your case.
Call us now at (415) 292-4100 or fill out our online contact form to get started.