Responsibility for a slip and fall in a commercial property depends on the circumstances. While lease agreements often assign maintenance duties, California law may hold either the landlord or the tenant liable, or both, depending on who controlled the area and who knew, or should have known, about the hazard. Slip and fall accidents can cause serious injuries, such as a concussion or broken bones, making it critical to determine liability.
A Los Angeles slip and fall lawyer at Salamati Law can identify the negligent party and fight to hold them accountable. We communicate directly with their insurance company to pursue fair compensation for your losses. Our firm has over 28 years of experience winning compensation in premises liability claims. Our track record is second to none. Call today to schedule a free consultation.
Who’s Responsible?
As noted above, liability in a commercial slip and fall case usually falls on either the landlord or the tenant. While third parties such as janitorial services or maintenance contractors may sometimes share responsibility, these cases most often center on the duties of the landlord and tenant:
Landlord Responsibility
Landlord responsibility generally includes common areas, including:
- Basements
- Elevators
- Hallways
- Laundry rooms
- Lobbies
- Parking lots
- Stairwells
They must keep these areas in “reasonably safe” condition for visitors. The landlord or their employees should inspect the premises regularly and identify hazards. Once identified, they must repair the condition, ensure the hazard is inaccessible to the public, or post warnings.
Tenant Responsibility
Tenants are usually responsible for maintaining the interiors of the leased space, e.g., the inside of a store, office, or apartment. They are typically in charge of cleaning and maintenance.
For example, the tenant is generally responsible if store employees leave merchandise or debris in customer walkways, creating a hazardous condition. Should a customer trip and suffer a serious injury, liability would likely rest with the tenant, particularly if they knew, or should have known, about the hazard and failed to address it. Again, the lease agreement should list tenant responsibilities.
Shared Liability
In some commercial slip and fall cases, responsibility may overlap, and both the landlord and tenant can be held liable for the hazardous condition. For example, a fall caused by poor lighting might implicate the tenant if the lighting inside the store was inadequate, while also implicating the landlord if the adjoining hallway, under their control, was poorly lit.
Shared liability can also arise when one party informally assumes duties assigned to the other under the lease. While the lease generally governs maintenance and repair responsibilities, courts in California also look at who exercised actual control over the area when determining liability.
What Happens If You’re Partly at Fault?
It is not uncommon for the defendant, whether tenant, landlord, or both, to allege that the plaintiff was at least partly responsible for their injuries. The defendant may state that the plaintiff was on their phone, not paying attention to where they were going. Even if you are partly responsible for the fall, under California’s pure comparative negligence law, you can still recover compensation for your losses.
However, any compensation would be reduced by your percentage of fault. If you are deemed 25 percent at fault for the slip and fall by a judge or jury, a $50,000 award is reduced to $37,500.
Key Considerations
When determining whether a landlord or tenant is liable for a slip and fall, consider the following factors:
- Location: Liability often depends on where the accident occurred and who controlled that area. For example, if the fall happened in a parking lot or other common area, the landlord is generally responsible. If the hazard was inside leased space — such as debris in an office walkway or a wet floor in a supermarket — liability typically falls on the tenant. Ultimately, the question is whether the condition existed in a common area under the landlord’s control or within the tenant’s leased premises.
- Lease Agreement and Maintenance Duties: The lease generally defines which party is responsible for specific areas and types of upkeep. Liability may arise if either party fails to meet those obligations.
In sum, liability in a commercial slip and fall often depends on a combination of these factors, with courts looking at both the terms of the lease and the actual control exercised over the area where the accident occurred.
Contact a Los Angeles Slip and Fall Attorney for a Free Consultation
If you suffered a serious injury due to a landlord’s or tenant’s negligence, trust an experienced Los Angeles apartment building slip and fall lawyer or a commercial property slip and fall attorney at Salamati Law. Schedule a free, no-obligation consultation today. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
