California Liability Laws: Comprehensive Legal Guide

When someone is injured or harmed by someone else’s actions – whether intentional or not – they may be eligible for compensation under California’s liability laws. These legal provisions aim to establish responsibility and hold responsible parties accountable for actions that harm others. California is a liability state and a comparative fault state, meaning damages are divided between all responsible parties.

Below, we break down what you need to know to navigate California liability laws and claims. Seeking the counsel of the attorneys at Thompson Law can help you understand your options if you or a loved one has been affected by an incident that someone else is liable for.

What Are Liability Laws in California?

A liability law is a type of legal provision that establishes responsibility caused by:

• Negligent acts
• Intentional acts
• Strict liability situations

Liability laws in California aim to ensure that responsible parties are held accountable for their actions. They also establish a framework for compensating victims for any injuries, losses, or damages. As a result, they help encourage individuals and entities alike to act responsibly (to avoid legal repercussions).

Common examples of cases governed by liability laws in California include:

• Car Accidents: In these cases, liability laws address who is responsible for accidents caused by negligent or reckless driving.
• Defective Products: These cases cover injuries caused by poorly designed or otherwise unsafe consumer products.
• Unsafe Premises: These address injuries that result from hazardous conditions on someone else’s property, like slip-and-fall accidents.

Let’s take a closer look at some of the most common types of liability claims, some examples, and their potential outcomes:

For more examples of liability cases, see the real-world testimonies on Thompson Law’s results page.

Types of Liability Laws in California

In California, as is true in other states, there are several types of liability laws to know about. Let’s explore each in detail.

Premises Liability

Premise liability laws in California establish the expectation of reasonable safety that all property owners must abide by.

These laws state that property owners – both homeowners and business owners – must provide any visitors who are legally on their property with a safe, secure environment that’s free of hazards that could cause undue injuries.

According to California Civil Code 1714, property owners can be held liable for any injury that was sustained on their property and caused by their negligence or negligent behavior.

“Negligent behavior” occurs when an injury happens on a property owner’s watch and they either:

• Knew about the danger
• Should have known about the danger

Premises liability laws dictate a few key responsibilities for property owners:

• Duty of Care – This means property owners must actively maintain a safe, secure environment. For example, they might regularly check for hazards like slippery floors or broken pathways and take immediate action to fix them.
• Maintenance Obligations – This means businesses are responsible for replacing or repairing any hazards that could lead someone to injure themselves.
• Duty to Warn – This means that if property owners are unable to clear the area of hazards immediately, they must at least provide adequate warning through posted signage or verbal confirmation.
• Security Measures – Owners of properties in areas prone to criminal activity should implement reasonable security measures, like adequate lighting and security cameras.

Under California premises liability laws, property owners could be held liable for things like medical bills, lost income, pain and suffering, and other potential damages related to a personal injury or death.

Common Types of Premises Liability Cases in California

Some of the most common types of premises liability cases in California, which occur when an individual is injured due to unsafe conditions on someone else’s property, include:

• Slip and fall accidents, which are the most common type of premises liability case. These often occur due to wet floors, uneven surfaces, or poorly maintained pathways.
• Dog bites, for which dog owners can be held liable regardless of the dog’s previous behavior.
• Swimming pool accidents, which may occur when owners fail to secure pool areas to prevent unsupervised access.
• Amusement park accidents, which can occur due to ride malfunctions, operator errors, or inadequate maintenance.

Product Liability

California product liability laws state that manufacturers, distributors, and sellers can be held liable for injuries caused by defective or dangerous products. This type of liability law covers defects in design, manufacturing, or failure to provide adequate warnings of hazards.

Let’s take a closer look at each:

• Design Defects – These cases occur when a product is defectively designed – that is, it’s manufactured as intended, but its design makes it unreasonably dangerous.
• Manufacturing Defects – These are the most common types of product liability claims and allege that the product’s original design is entirely safe, but something went wrong during manufacturing that made it unsafe.
• Failure to Warn – Also known as marketing defects, these occur when the use of a product has certain risks or dangers that are not apparent. Manufacturers have a legal duty to provide sufficient warnings or instructions to consumers. If they don’t, they can be held liable for injuries caused by their products.

Vicarious Liability

Vicarious liability laws hold employers responsible for the wrongful acts of their employees (if those acts occur within the scope of employment). There are a few elements that are key for establishing vicarious liability:

• Employment Relationship – This means that the individual who caused the harm must be an employee.
• Scope of Employment – This means that the wrongful act of the employee must have occurred within the scope and course of an employee’s job duties.

Also, the act must be a foreseeable risk of the employee’s role, as in, a reasonable person would be able to anticipate the harm in the given circumstances.

Medical Liability

Medical liability refers to the legal responsibility that healthcare providers – including doctors, nurses, hospital staff, etc. – have for harm caused to patients due to negligence, errors, or omissions in the provision of medical care.

If healthcare providers fail to meet the accepted standard of care, and that failure results in harm or injury to a patient, they may be held liable under medical malpractice laws.

Some common examples of cases where medical malpractice or liability apply include:

• Misdiagnosis or delayed diagnosis
• Surgical errors, like operating on the wrong site
• Medication errors, like prescribing the wrong medication or failing to account for known allergies
• Failure to obtain informed consent

Strict Liability

Strict liability is a legal doctrine that holds a party responsible for their actions or products, regardless of intent or fault.

In these cases, a plaintiff does not need to prove negligence or malice to establish liability. Instead, the only need to show that:

1. Harm occurred, and
2. The harm was caused by the defendant’s actions, products, or activities.

This commonly applies in areas where activities or products have a high potential for harm or are inherently dangerous. For example, keeping dangerous animals or using explosives inherently poses a high risk of harm to others. Property owners are strictly liable for injuries caused by those activities.

Who Is Responsible in Liability Cases?

In liability cases, the responsibility for damages or harm typically falls on the party or parties whose actions, products, or negligence caused the harm. However, the specific person or entity responsible may depend on the nature of the case.

Below is a quick summary of who may be considered responsible in different types of liability cases:

Common Types of Injuries and Losses in Liability Cases

Liability cases in California typically involve one of the following common categories of injuries and losses:

• Physical injuries
• Mental and emotional harm
• Financial losses
• Property damage

Take a look at the table below for some examples of each.

Is California a Liability State?

Yes, California is considered a liability state. It uses a fault-based system to determine responsibility in cases of personal injury, property damage, or negligence.

California’s status as a “fault state” means that the party responsible for causing harm – whether due to negligence, recklessness, or intentional actions – is held liable for any resulting damages.

It also means victims can seek compensation directly from the party at fault. They can alternatively seek compensation from their insurance provider.

What Is Liability Coverage in California?

Liability coverage describes a type of insurance that protects entities – businesses or individuals – from financial losses should they be found legally responsible for causing injuries or damages to others.

In California, there are a few types of liability coverage to be aware of:

• Auto Liability Insurance – California law states that drivers must carry a minimum level of liability insurance to cover damages or injuries they cause in a car accident. This type of liability coverage is required.
• Homeowners’ Liability Insurance – Many homeowners’ and renters’ insurance policies include personal liability cover. This covers injuries to others that happen on someone’s property or property damage caused by the policyholder.
• Business General Liability – Many California businesses carry this type of liability insurance to protect themselves against claims from customers, employees, or other third parties. This general liability covers bodily injury, property damage, and advertising injury claims.

The most relevant minimum liability insurance requirements for California residents can be described by the “15/30/5” rule:

• Bodily Injury Liability Coverage – $15,000 per person for injury or death. $30,000 per accident if multiple people are injured or killed.
• Property Damage Liability Coverage – $5,000 per accident to cover damages to other people’s property (such as vehicles, buildings, fences, etc.).

How Does Comparative Fault Affect Liability Cases in California?

California uses what is known as a pure comparative fault system. It allows for compensation even if the injured party shares some responsibility for the incident in question.

Here’s how it works:

• Each party’s level of fault is determined and expressed as a percentage.
• Compensation is then reduced by the injured party’s percentage at fault.

Comparative fault applies to all parties, including plaintiffs, defendants, and third parties. In other words, the fault is distributed among all involved parties.

For example, imagine two drivers – Driver A and Driver B – approaching a two-way intersection.

Driver A runs a stop sign at the intersection and hits Driver B, who was speeding. Their percentages of fault are determined to be 80% and 20%, respectively, and the total damages amount to $50,000.

That means that Driver B (the speeding driver) can recover $40,000, or 80% of the total damages, while Driver A (who ran the stop sign) owes that amount.

What Are the Crucial Elements in a Liability Claim in California?

For a liability claim to succeed in California, a plaintiff must prove four key elements. They are as follows:

1. Duty of Care – This means the defendant had a legal obligation to act with a reasonable level of care to prevent harm or injuries.
2. Breach of Duty – This means the defendant failed to meet their duty or standard of care.
3. Causation – The claim must show that the defendant’s breach directly caused the plaintiff’s injuries.
4. Damages – The plaintiff must have suffered measurable harm and demonstrate that harm through medical expenses, lost wages, emotional trauma, etc.

A claim that properly meets each of the above criteria will likely allow a plaintiff to recover maximum damages.

The Role of Evidence in Liability Cases

Because making a robust argument that establishes duty, breach, causation, and damages is so important, it’s key to have the right evidence. Your evidence should:

• Establish the facts
• Clarify who’s at fault
• Support your claims for damages

Here are some different types of evidence you may want to consider when making a liability claim:

• Photos and videos, which can corroborate statements, preserve details that fade from memory, and provide objective depictions of what happened.
• Notes on the event, which can fill in the blanks that photos may have not been able to capture.
• Diagrams, which can show measured images of distance and locations.
• Police reports, which can provide a detailed story of the event.
• Medical records, which can prove the nature and extent of injuries or support claims for lost wages and emotional trauma.
• Witness statements, which can strengthen your credibility.
• Expert testimonies, which can help you establish causation, negligence, or the severity of your damages.

Who Determines Fault in Liability Cases?

The entity that determines fault in a California liability case depends on the context.

• For cases that go to trial: A judge or jury determines who is at fault and assigns a percentage of responsibility to each party.
• For insurance claims: Insurance adjusters investigate and determine fault to adjust payouts accordingly.
• For arbitration or mediation: In an arbitration, the arbitrator determines fault. In mediation, however, the mediator simply facilitates a negotiation between parties to help them determine fault. They do not make a binding determination themselves.

When Should You Contact a Lawyer for a Liability Case?

It’s best to contact a lawyer as soon as possible if you’re involved in a liability case, no matter what it involves. Early legal advice can never hurt, and it increases your chances of a favorable outcome.

Contacting a lawyer is particularly important in cases that involve significant injuries, disputed fault, insurance issues, or legal complexities. An attorney can advise you on evidence collection, help you navigate insurance claims and negotiations, and ensure you avoid statements that could hurt your cause.

What Is the Statute of Limitations for Liability Claims in California?

The statute of limitations is the legal time limit within which a party must file a liability lawsuit. The specific time limit varies depending on the type of claim:

• Personal Injury: 2 years from the date of injury
• Property Damage: 3 years from the date the damage occurred
• Medical Malpractice: 3 years from the date of the injury, OR 1 year from the date the plaintiff discovered, or reasonably should have discovered, the injury – whichever comes first.
• Product Liability: 2 years from the date of injury
• Strict Liability: 2 years from the date of injury

There are some exceptions to these timeframes, though, including situations involving:

• Minors. If the injured party is under 18, the statute of limitations is “tolled” (paused) until they turn 18.
• Incapacitation. If the injured party is mentally incapacitated, the time limit may be tolled until they regain capacity.
• Out-of-State Defendants. The statute may be paused if the defendant is outside of California.
• The Discovery Rule. This applies when injury or harm is not immediately apparent but is discovered later.

How Can Thompson Law Help with Liability Claims?

From investigating key evidence to negotiating with insurance companies and representing you in court, the injury lawyers at Thompson Law can help you through each step of filing and pursuing a liability claim.

Thompson Law has recovered over $1.9 billion in damages for clients just like you. Our results don’t lie – we’re dedicated to helping you craft a strong case that will maximize your compensation. Plus, our contingency fee model means that you don’t pay a fee unless we win money for you.

When you’ve been injured, you deserve an advocate who will fight for you. Find that advocate in Thompson Law by giving us a call today.