Premises Liability Claims

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

1. ABA Model Rule 1.5 (Fees)

   Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

2. Cornell LII — contingency fee
3. Cornell LII Wex — Comparative negligence

   Overview only. The controlling rule is each state's own statute or case law — pure comparative fault, modified comparative fault with a 50% or 51% bar, or (in a handful of jurisdictions) pure contributory negligence.

4. Cornell LII Wex — Contributory negligence

   Alabama, Maryland, North Carolina, Virginia and (for most claims) the District of Columbia bar recovery entirely if the claimant was even slightly at fault.

5. Cornell LII Wex — Attractive nuisance doctrine

   Landowners can owe child trespassers a higher duty of care for dangerous conditions likely to attract children, such as an unfenced swimming pool. Exact tests vary by state.

6. Rowland v. Christian, 69 Cal.2d 108 (1968)

   California Supreme Court replaced the invitee / licensee / trespasser categories with a general reasonable-care standard for occupiers. Other states have kept the traditional categories.

7. Cal. Gov't Code § 911.2 (claim against a public entity — six months)

   A claim for death or personal injury against a California public entity must be presented within six months of accrual — separate from, and much shorter than, the two-year general limitation in CCP § 335.1.

8. N.Y. General Municipal Law § 50-e (notice of claim — ninety days)

   A notice of claim against a New York public corporation is due within 90 days of the claim arising — far shorter than CPLR § 214's three-year general limitation. § 50-i then gives one year and 90 days from accrual to actually commence the lawsuit.

9. Tex. Civ. Prac. & Rem. Code § 101.101 (Tort Claims Act notice — six months)

   Default notice to a Texas governmental unit is due within six months of the incident, but a city or other local unit may set its own notice period by charter or ordinance — no shorter than 30 days. Always check the specific city's charter, not just the state default.

10. Fla. Stat. § 768.28 (sovereign immunity — presentment of claims)

    A claim against a Florida state agency or subdivision must be presented in writing within three years — the same period as the general negligence limitation, not shorter. But suit cannot be filed until the agency denies the claim or 180 days pass, whichever is first — a waiting requirement, not a shorter deadline.