Personal Injury
A California landlord can be responsible when an unsafe condition it knew about, or should have found through reasonable inspections, caused your injury. That duty is strongest in stairways, hallways, balconies and other areas the landlord controls, and state law separately requires floors, stairways and railings to be kept in good repair. Most injury lawsuits must be filed within two years.
Last updated October 5, 2026.
Falls on broken stairs, loose railings and dark hallways are among the premises cases covered on our personal injury page. The starting rule is Civil Code section 1714(a): everyone is responsible for an injury caused by a lack of ordinary care in the management of their property. For a landlord, that general duty is shaped by the habitability statutes, a balcony inspection law that took full effect in 2026, and the jury instructions California courts use in premises cases. This page walks through how those rules fit together for a tenant, a family member or a guest hurt in a rental building.
Several statutes and the official jury instructions set the baseline. The table collects the duties most often involved in an injury inside a rental building.
| Duty | What it requires | Source |
|---|---|---|
| Ordinary care | Responsibility for injury caused by a lack of ordinary care in managing property | Civil Code 1714(a) |
| Floors, stairways and railings | Maintained in good repair; a dwelling that substantially lacks this is untenantable | Civil Code 1941.1(a)(8) |
| Building and grounds | Common areas under the landlord's control kept clean, sanitary and free of debris, rubbish, rodents and vermin | Civil Code 1941.1(a)(6) |
| Lighting and wiring | Electrical lighting, wiring and equipment maintained in good working order | Civil Code 1941.1(a)(5) |
| Stove and refrigerator | For leases entered, amended or extended on or after January 1, 2026, a working stove and refrigerator, with recalled units repaired or replaced within 30 days of notice of the recall | Civil Code 1941.1(a)(10), (a)(11), (c) |
| Balconies and exterior stairs | In buildings with three or more units, inspection of elevated wood-supported balconies, decks, stairways, walkways and entries by January 1, 2026, and every six years after | Health and Safety Code 17973(a), (d) |
| Inspections | A reasonable inspection before handing over a unit, reasonable periodic inspections when the landlord has the right of possession, including common areas | CACI 1006 |
Civil Code section 1941 adds the general rule that the landlord must put the building in a condition fit for occupation and repair later dilapidations that make it untenantable. Section 1941.2 limits that duty when a tenant's own substantial violation, such as damaging the unit, contributes to the problem.
California's civil jury instructions, published by the Judicial Council, set out the elements. CACI 1000 lists four: the defendant owned, leased, occupied or controlled the property; it was negligent in the use or maintenance of the property; you were harmed; and its negligence was a substantial factor in causing the harm. CACI 1003 explains when a landlord is negligent because of an unsafe condition: the condition created an unreasonable risk of harm, the landlord knew or reasonably should have known about it, and it failed to repair the condition, protect against harm or give an adequate warning.
The "should have known" part is where many cases are decided. Under CACI 1011, a jury asks whether the condition existed long enough that the owner, using reasonable care, had time to discover it and fix it, guard against it or warn about it. CACI 1001 lists the factors a jury may weigh, including the likelihood and seriousness of harm, the difficulty of protecting against it, and the owner's control over the condition. Its directions for use add that an owner cannot escape this duty by handing maintenance to an independent contractor.
CACI 1006 draws a line between areas the landlord controls and areas the tenant controls. In common areas, the landlord must take reasonable precautions against unsafe conditions it knows about or reasonably should know about. Inside a tenant's own unit after move-in, the instruction is narrower: the landlord is responsible for an unsafe condition there when it has actual knowledge of the condition and the right and ability to correct it.
A written repair request is often the clearest proof of knowledge. If the landlord or one of its employees created the condition, CACI 1012 tells the jury that the owner knew of it, so no separate proof of notice is needed. A handyman's loose repair or a manager's decision to block a light can fall in that category.
Under CACI 1004, an owner does not have to warn about a condition so obvious that a person could reasonably be expected to see it. The owner still must use reasonable care to protect against it when it is foreseeable that someone will have to encounter it out of necessity, such as the only stairway to a unit.
Health and Safety Code section 17973 applies to exterior elevated elements in buildings with three or more multifamily units: balconies, decks, porches, stairways, walkways and entry structures that extend beyond the exterior walls, have a walking surface more than six feet above ground, and rely substantially on wood for support. The owner must hire a licensed inspector, and the report must say whether any element poses an immediate threat. An emergency condition requires the owner to prevent access or make repairs immediately; other corrective work needs a permit application within 120 days of the report and repairs within 120 days after the permit is approved. Owners must keep the reports for two inspection cycles. The section does not apply to a common interest development such as a condominium association, and cities may adopt stricter rules.
Section 1714(a) carves out injuries a person brings on themselves by a lack of ordinary care. Under CACI 405, if the defense proves your own negligence was a substantial factor, your damages are reduced by your percentage of responsibility rather than eliminated.
When a tenant's dog injures someone, CACI 1013 makes the landlord responsible only if it knew or must have known the dog was dangerous and could have taken reasonable measures to prevent the harm. Owner responsibility is a separate question, covered in our guide to who is responsible for a dog bite in California.
Civil Code section 1942.4 bars a landlord from demanding or collecting rent when the unit substantially lacks the section 1941.1 standards, a housing official has notified the landlord in writing after an inspection, and the conditions remain unrepaired 35 days later without good cause. A tenant can recover actual damages plus $100 to $5,000 in special damages, and the prevailing party recovers attorney fees. That habitability remedy is separate from an injury claim and can run alongside it.
For example, imagine a hypothetical tenant in a 12-unit Glendale building who falls on the wooden exterior stairway leading to her second-floor unit when a tread gives way. Two weeks earlier she emailed the manager that the tread was loose. She photographs the broken tread that evening and sends a second email describing the fall.
Several rules come into play. The stairway is a common area, so CACI 1006's reasonable-precautions standard applies, and her first email bears directly on what the landlord knew under CACI 1003. Because the stairway is an exterior elevated element in a building of three or more units, section 17973 required an inspection report by January 1, 2026, and whether one was done and what it said may become part of the evidence. Her two-year deadline under section 335.1 runs from the date of the fall. None of this decides whether the landlord was negligent or what the claim is worth; it shows which facts the case will turn on.
Civil Code section 1942.5 bars a landlord from retaliating against a tenant who is current on rent by evicting, raising rent or cutting services within 180 days after a good-faith habitability complaint to the landlord or to a housing agency. A tenant can invoke that protection no more than once in any 12-month period. If an eviction notice does arrive, our page on how fast an eviction case moves in Los Angeles County explains the timeline.
Yes, the same duty of care can apply. The Judicial Council's notes to CACI 1006 explain that a landlord's duty to maintain safe conditions extends to the general public, not only to tenants. Responsibility still depends on control, knowledge and the other factors above.
It can, but the standard is narrower. Under CACI 1006, after you take possession the landlord is responsible for a condition in your unit when it actually knew about it and had the right and ability to fix it. A repair request you sent is often the key piece of evidence.
Section 17973 requires the inspector to give the report to the owner, and to the local enforcement agency within 15 days when it recommends immediate repairs or finds an immediate threat. It does not list tenants among the people who receive copies. After an injury, the report can be sought through the claim or the lawsuit.
The owner can remain responsible even when someone else handles maintenance, because the directions for CACI 1006 say a landlord cannot escape the duty by delegating it to an independent contractor. Who controlled the area and who received your requests will matter. Keep every message you sent.
For a lawsuit against a private owner or manager, generally two years from the injury under Code of Civil Procedure section 335.1. Against a public agency, a written claim is due within six months. Our page on how long an injury case takes in Los Angeles County explains what happens after filing.
We look at who owned and controlled the area, what the landlord knew, and which deadlines apply, then help you present the claim and, if needed, file suit. If your fall happened on a public sidewalk outside the building, our guide to a sidewalk trip and fall in Glendale covers the city's role. Call (818) 244-9000 or request a consultation.
Our Glendale team can look at who controlled the area, what the landlord knew and the deadline that applies to your claim.
Request a Consultation