San Francisco Premises Liability Lawyers
Navigating a premises liability claim in San Francisco requires more than basic legal knowledge; it demands deep experience with complex real estate structures, commercial property managers, municipal entities, and corporate insurance defense teams. Since 1980, Rouda Feder Tietjen & McGuinn has represented individuals who have suffered life-altering injuries due to unsafe conditions on private, commercial, and government-owned properties.
Whether an injury occurs in a historic downtown apartment building, a high-rise commercial tower, a multi-level parking structure, or a retail establishment in SoMa or the Financial District, our trial lawyers possess the resources and technical skill to hold negligent property owners accountable. Over our four decades of practice, our firm has recovered more than $500 million for injured clients and grieving families across the Bay Area—including landmark results like a $29 million recovery for a client who suffered catastrophic injuries from an unmaintained high-voltage power line.
Obtain the help of an experienced premises liability lawyer at Rouda Feder Tietjen & McGuinn. Contact us online or by calling (415) 940-7176 today.
What Is Premises Liability?
Premises liability injuries can occur anywhere - businesses, property owners, and homeowners are required to keep their premises safe. Additionally, premises must maintain insurance to pay for their legal fees and any damages they cause if they do not.
Under California premises liability law, a property owner or occupier can be held liable if an individual gets injured on their property due to unsafe conditions. Premises liability in California encompasses situations where the property owner or manager has failed to maintain the property, leading to various hazards, such as:
- Elevator malfunction
- Slip and falls
- Negligent security
- Drowning
- Construction accidents
- Industrial accidents
What is Comparative Negligence in California?
San Francisco and the rest of the state follows the rule of pure comparative fault. Under this law, injured individuals can pursue compensation for damages even if they were partially responsible for what happened. However, they will not be able to obtain the full amount of the damages incurred. Instead, the court will assign a percentage of fault to each party involved - compensation is then scaled accordingly.
If you were injured on someone else’s property because of their failure to maintain safe conditions, let the San Francisco premises liability lawyers at Rouda Feder Tietjen & McGuinn help. Our attorneys have a long track record of success in these cases. For example, we won a $29 million settlement for a client who suffered catastrophic injuries after coming into contact with a high-voltage power line.
Premises Liability Laws in California
In California, all property owners have a legal duty to make sure that their premises are safe for guests and patrons. If a person is injured due to the negligence of a property owner or property manager, they may be able to seek compensatory damages from the at-fault party. In some cases, the state may require the negligent party to pay punitive damages as well.
Property owner negligence is established through the consideration of the following elements:
- Duty: The injured party must prove that the defendant owned or leased the property on which they were injured and thus owed a duty of care to any lawful patrons of the premises.
- Breach of duty: Next, the injured individual must establish that the defendant breached the aforementioned duty of care, such as by failing to fix a dangerous condition on the property in a timely manner or failing to warn patrons of a known defect or danger.
- Causation: It must be clear beyond a reasonable doubt that any injuries sustained were directly caused by this breach of duty (i.e., a hazardous condition on the property).
- Injury: Lastly, a person will not be able to file a claim if they did not sustain an injury. Even if negligence is established, damages will only be paid out to compensate for an injury, not for being put in a situation in which someone could have been injured.
If all four elements are established, some potential damages for which premises liability claimants may be eligible include but are not limited to:
- Medical bills
- Pain and suffering
- Loss of quality of life
- Lost wages
- Missed time from work and/or school
Who Is Eligible to File a Premises Liability Lawsuit?
In California, only individuals who were lawfully on the property at the time of the accident are eligible to file a premises liability claim.
Visitors fall into three categories in the eyes of the law:
- Invitees: Someone invited onto the property for the benefit of the property owner, such as a store customer or restaurant patron.
- Licensees: A person who has verbal or implied permission from the property owner to be on the premises (for instance, a family member who was given a key to the house or a social guest). Contractors working on the property also fall into this category.
- Trespassers: An individual who was on the property without the consent of the property owner.
Therefore, only invitees and licensees are considered lawful guests. Trespassers cannot file a claim because the property owner does not owe them a duty of care if they did not give them consent to be on the premises in the first place.
Frequently Asked Questions
Who is responsible for an injury in a rented San Francisco apartment—the landlord or the tenant?
Liability depends on where the hazard was located and who controlled it. Generally, landlords are responsible for maintaining common areas (stairwells, lobbies, elevators, roofs, and exterior walkways) and fixing structural defects. If a commercial or residential tenant created a temporary hazard within their exclusively controlled space, they may share liability. Our attorneys evaluate lease agreements and management contracts to identify all responsible parties.
Do I have a case if I was injured at a friend's or family member's home?
Possibly. As a licensee, you may still be owed a duty of care if the property owner knew about a hazardous condition and failed to warn you or fix it.
What if the property owner claims they didn't know about the hazard?
Property owners can still be held liable if the hazard existed long enough that they reasonably should have discovered and corrected it — a legal concept known as constructive notice.
What if I was injured on city or government-owned property in San Francisco?
If your injury occurred on public property—such as a city park, a municipal building, or a San Francisco MTA platform—special rules apply under the California Government Claims Act. Unlike standard personal injury claims that have a two-year statute of limitations, claims against public entities require a formal administrative claim to be filed within six months of the injury date.
How much does it cost to hire our team?
We handle all personal injury and premises liability cases on a strict contingency fee basis. You pay no upfront retainers, out-of-pocket costs, or legal fees unless we secure a financial settlement or jury verdict on your behalf.
Our Recent Success in Premises Liability Cases
Founded in 1980, our firm has more than 150 years of combined experience in personal injury law. During this time, we have successfully handled hundreds of cases for our clients, resulting in numerous seven-figure outcomes.
These successes include various premises liability cases, including the favorable settlements we obtained for the following claims:
- Tara Tenant v. Property Owner: We recovered $2 million (the policy limit settlement) for a tenant who suffered injuries after falling from an illegal roof deck.
- Julie and Emily Roe v. Red Ranch: Our firm obtained a $1.5 million settlement for our client who suffered a head injury after being thrown from a horse-drawn carriage.
If you are pursuing a premises liability claim in San Francisco, do not settle for anything less than a team of acclaimed attorneys who genuinely care about you — our firm offers just that. We provide aggressive representation and apply our skills to fight for a favorable resolution for each and every case. Since our legal staff works on a contingency fee basis, we can offer our services to you at minimal financial risk.
We are ready to help you. Call Rouda Feder Tietjen & McGuinn at (415) 940-7176 to speak with a San Francisco premises liability attorney today.
Real Stories. Real People.
See what our clients have to say
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A knowledgeable and compassionate team, the lawyers at Rouda Feder Tietjen & McGuinn are a true pleasure. And, most importantly, they deliver results; we got the outcome we were after and felt cared for every step of the way. With this team behind you,- Lisa
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- Client of RFTM
I had the pleasure of working with June Bashant, and she truly exceeded all expectations. After my devastating accident, June and her team worked tirelessly on my behalf, leaving no stone unturned to secure the best possible outcome. She is a powerhouse of tenacity and determination, relentlessly pursuing justice with an innovative, out-of-the-box approach that led to life-changing results, including care that will last a lifetime.
From the very start, June’s communication skills were exceptional—she kept me well-informed and supported throughout the entire process. Her professionalism was evident, but it was her genuine compassion and care that made me feel like a priority. She wasn’t just an attorney; she was a fierce advocate, fighting on my behalf every step of the way.
June’s strategic mindset, intelligence, and sheer determination set her apart. She far exceeded my expectations in every area and had a remarkable network of professionals to help with every facet of my case. Her personal touch, combined with her incredible expertise, made me feel confident that I had the best team behind me.
If you’re facing a medical malpractice or personal injury case, June Bashant is the attorney you want in your corner. She is a force to be reckoned with in the legal world—unmatched in her dedication, skill, and drive. Her reputation for delivering powerful, life-altering results speaks for itself. I couldn’t have asked for a more unstoppable attorney.
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Thank you Sir once again! This time for helping my son Leon McDermand attain the services of June Bashant, who he has himself said many times, that she did a magnificent job for him. This is the third family member, including myself, that you and RFTM have helped. Thank you once again Tim, and please thank June and Robert, who helped my Daughter Elena.- Robert
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“I cannot thank you enough for the pure excellence.”- Michelle
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“I am very grateful for all the hard work all the staff did. GREAT STAFF!”- Guadalupe Hernandez
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“I valued the clear communication, prompt replies, and frank interaction.”- Jackie Q.
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“They work tirelessly to uncover the evidence necessary to obtain the very best result for the injured people they represent.”- Heidi Taylor, Law Offices of Heidi Taylor
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“They approach each case with creativity and care.”- Michael J Ney, McNamara, Ney, Beatty, Slattery, Borges & Brothers LLP
