{"id":1804,"date":"2026-10-24T01:54:33","date_gmt":"2026-10-24T01:54:33","guid":{"rendered":"https:\/\/34-138-224-95.nip.io\/wrongful-death-claim-process-california\/fatal-premises-accident-lawsuit-california\/"},"modified":"2026-10-24T08:13:16","modified_gmt":"2026-10-24T08:13:16","slug":"fatal-premises-accident-lawsuit-california","status":"publish","type":"page","link":"https:\/\/colvinaccidentlawyers.com\/resources\/wrongful-death-claim-process-california\/fatal-premises-accident-lawsuit-california\/","title":{"rendered":"Wrongful Death on Someone Else’s Property in California"},"content":{"rendered":"\n
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Wrongful Death | Premises Liability | Bakersfield, California<\/p>

Losing a Loved One on Someone Else's Property<\/h1>

Colvin Accident Lawyers represents families in Kern County and across California when a death is caused by an unsafe condition on another person's property. Start with a free, confidential first consultation.<\/p>

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By Donald Norman Colvin \u00b7 Published October 23, 2026<\/p>\n\n

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If someone died on another person’s property, you may be wondering whether a death on someone else’s property lawsuit California law allows is possible. This page explains who can bring the claim, what a family generally must show, and which deadlines matter. Colvin Accident Lawyers is based in Bakersfield.<\/p>\n

What a Fatal Accident on Private Property Means Under California Law<\/h2>\n

A fatal property accident is a death caused by a dangerous condition on property that someone else owns, leases, operates or maintains. Homes, apartments, stores, restaurants, hotels, parking structures and private walkways all fit this group.<\/p>\n

Common causes include drowning in an unfenced pool, falls on broken stairs or missing railings, icy or unlit walkways, and collapsing balconies or decks. Deaths linked to poor security can also fall into this category.<\/p>\n

In a death on someone else’s property lawsuit California families bring, the claim is usually premises liability<\/a>. Premises liability is a negligence claim about a property’s condition or how the owner handled it. Under Civil Code \u00a7 1714<\/a>, a person can be responsible for injury caused by a lack of ordinary care in managing their property. Cal. Civ. Code \u00a7 1714<\/a> reads: “(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”<\/p>\n\n

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If a family member died on someone else's property, you don't have to sort out the questions alone. We're glad to talk through what happened. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

Who Can Bring a Wrongful Death Claim in California<\/h2>\n

A spouse, domestic partner, children, and issue of deceased children can bring a wrongful death claim under California law, as can, if there is no surviving issue, the persons who would be entitled to the decedent’s property by intestate succession. Certain dependent relatives, and a minor who lived in the decedent’s household for the previous 180 days and was dependent on the decedent for one-half or more of support, can also sue. Code of Civil Procedure \u00a7 377.60<\/a> lists who may sue, and a personal representative can sue on their behalf.<\/p>\n

If the decedent left no surviving children or issue of deceased children, the people who would inherit under state law, including a surviving spouse or domestic partner, may sue. Code of Civil Procedure \u00a7 377.60<\/a> Dependent parents and stepchildren can also qualify. So can a minor who lived in the decedent’s household for the previous 180 days and relied on them for at least half of their support.<\/p>\n

Two claim types matter. The wrongful death claim may be brought by the family members the statute lists, or by the decedent’s personal representative on their behalf. A survival claim covers losses the person had before dying. Under Code of Civil Procedure \u00a7 377.30<\/a>, that claim passes to the decedent’s successor in interest, and the action may be brought by the decedent’s personal representative or, if there is none, by the successor in interest.<\/p>\n

Who qualifies can turn on family relationships and on whether a personal representative has been appointed. Those questions are worth raising early, before deadlines pass.<\/p>\n

What Must Be Shown in a Premises Liability Death Case<\/h2>\n

A family generally must show that the owner’s lack of ordinary care caused the death. Most of these claims turn on a few points.<\/p>\n