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General Liability

Injury & Liability Litigation

General Liability Defense Attorney — California Businesses

Most liability claims against a business are resolved by an insurer. The decisions that determine whether that happens smoothly are made in the first two weeks — notice, tender, and evidence preservation.

The Short Answer

What should a business do when it receives a liability claim?

Notify every potentially applicable insurer immediately, tender to any party that owes contractual indemnity or additional insured coverage, preserve all relevant evidence including video and maintenance records, and avoid recorded statements or admissions before counsel reviews the file. Late notice is one of the most common reasons coverage is limited or denied.

Injury & Liability Litigation

Defending Liability Claims Against California Businesses

A general liability claim usually arrives as an incident report or a demand letter, and the immediate questions are the same regardless of the underlying facts: which policies respond, who else owes indemnity or additional insured coverage, and what evidence needs to be preserved before it disappears. Businesses that handle those three items well in the first weeks typically face a manageable claim; businesses that do not often face a claim plus a coverage dispute.

Contractual risk transfer is where many outcomes are decided. Leases, service agreements, and construction contracts routinely allocate liability through indemnity clauses and additional insured requirements, and the effectiveness of those provisions depends on how they were drafted and whether the endorsements were actually obtained. California limits some indemnity provisions, particularly in construction, which affects whether the transfer works as intended.

Where a claim proceeds, the merits turn on duty, notice of the condition, causation, and comparative fault — the same framework applied in injury claims. Where the claim arises from a product, product liability rules apply instead, and where it arises on a construction project, construction litigation and its tender structure govern.

Office

330 North Brand Boulevard, Suite 1280
Glendale, California 91203

Courts

Los Angeles County Superior Court, including the Glendale and Stanley Mosk courthouses.

Focus

Injury claims, product defect litigation, and liability defense in the Los Angeles County courts.

What We Handle

Liability Defense Matters We Handle

For businesses, property owners, managers, and contractors across Los Angeles County.

Premises Claims

Defense of slip and fall, dangerous condition, and inadequate security claims, focused on notice, inspection practice, and causation.

Property Damage Claims

Water intrusion between units, fire and casualty, and damage to neighboring property, including subrogation defense.

Tender & Risk Transfer

Tendering to indemnitors and additional insured carriers, and enforcing the transfer where a tender is refused.

Coverage Coordination

Working with carriers on defense, reservations of rights, and independent counsel questions where a conflict arises.

Contractual Indemnity

Enforcing and defending indemnity provisions in leases, service agreements, and construction contracts within California's statutory limits.

Pre-Claim Risk Review

Contract and insurance review that ensures indemnity and additional insured requirements actually function when a claim arrives.

Situations We See

Liability Claims That Reach Our Office

Composite examples drawn from the kinds of matters this practice handles. They illustrate common fact patterns and are not descriptions of specific client cases or predictions of any result.

01

The Vendor Who Was Never Endorsed

A service contract required additional insured status, but the certificate was never backed by an actual endorsement. When a claim arrives, the intended risk transfer does not exist.

02

The Late Notice

A property manager handles an incident internally for months before notifying the carrier. The delay becomes a coverage issue layered on top of the underlying claim.

03

The Water That Crossed the Wall

A leak in one commercial unit damages inventory in the adjoining space. Responsibility depends on the lease, the building systems involved, and which policies respond first.

When to Get Advice

When a Liability Claim Needs Counsel

  • An incident has occurred on your premises or during your operations.
  • You have received a demand letter, claim, or lawsuit.
  • An insurer has reserved rights or denied coverage.
  • A tender to a vendor, tenant, or contractor has been refused.
  • Evidence such as video or maintenance records needs to be preserved.
  • Certificates of insurance were collected but endorsements were never verified.
Practical Next Steps

What to Do First

  1. Notice every carrier

    Late notice is a leading cause of coverage disputes. Notify all potentially applicable policies promptly, even where coverage seems unlikely.

  2. Tender contractually

    Identify every party that owes indemnity or additional insured coverage and tender in writing, attaching the contract language relied on.

  3. Preserve and document

    Video, incident reports, inspection logs, and witness information disappear quickly. Preserve them before responding substantively.

Common Questions

General Liability — Questions California Clients Ask

What California businesses and property owners ask when a liability claim arrives.

What does general liability cover?

General liability generally refers to a business's legal responsibility for bodily injury, property damage, and related harm arising from its operations, premises, or products. General liability disputes can involve accidents on business property, damage caused by business activities, and negligence claims brought by third parties.

What is commercial general liability (CGL) insurance?

CGL insurance is a common business policy that covers third-party claims for bodily injury, property damage, and certain personal and advertising injury. When a claim is made, the policy may provide both a legal defense and indemnification up to policy limits, subject to the policy's terms and exclusions.

What is the difference between general liability and professional liability?

General liability covers physical risks such as bodily injury and property damage arising from a business's operations. Professional liability (errors and omissions) covers claims arising from professional services or advice — such as mistakes, negligence, or failure to perform professional duties. Businesses often need both types of coverage.

How does a duty to defend work under a liability policy?

Under California law, an insurer's duty to defend is broader than its duty to indemnify. If a claim potentially falls within the scope of coverage, the insurer generally must provide a defense — even if it later turns out there is no obligation to pay. Disputes over the duty to defend are common in liability matters.

What is a premises liability claim?

Premises liability claims arise when someone is injured due to an unsafe condition on a property. Business and property owners have a duty to maintain reasonably safe premises and to warn of known hazards. Failing to do so can result in liability for resulting injuries to customers, guests, or other visitors.

What is an additional insured endorsement?

An additional insured endorsement extends a party's liability coverage to another party — commonly required in contracts between businesses, landlords and tenants, or contractors and subcontractors. These endorsements determine who is protected under a policy and frequently become a focal point in liability disputes.

What should a business do when it receives a liability claim?

A business should promptly notify its insurer, preserve all relevant records and evidence, avoid making statements that could be construed as admissions, and consult an attorney. Timely notice to the insurer is critical, because late notice can jeopardize coverage under many liability policies.

When should a business consult an attorney about liability exposure?

A business should consult an attorney when reviewing insurance coverage, drafting contracts that allocate liability, responding to a claim or lawsuit, or evaluating risk before launching new operations. Proactive legal review can reduce exposure and ensure appropriate contractual and insurance protections are in place.

DiJulio Law Group

Talk to a Litigation Attorney

Notice, tender, and preservation are the three decisions that cannot be made late. Bring the claim and your policies.