Getting hurt because someone else failed to keep their property safe can be overwhelming. At Hulburt Law Firm, we represent people and families in complex premises liability cases throughout San Diego County.
Throughout your premises liability case, we keep you informed, answer your questions, and explain each step in clear, straightforward terms. Because we limit the number of serious injury and wrongful death cases we accept, we’re able to dig deeply into the details of each incident—reviewing incident reports, maintenance and inspection records, surveillance video, prior complaints, and building code issues.
Property owners and their insurers often argue that they didn’t know about a hazard, that it was “open and obvious,” or that the injured person should have been more careful. Our job is to gather the evidence needed to show what the owner or manager knew (or should have known), how long the condition existed, and what reasonable steps they failed to take to keep people safe. With our firm handling the investigation, evidence, and negotiations, you can focus on your medical recovery and day-to-day life.
If you or a loved one has been injured because of unsafe property conditions in or around San Diego, we invite you to contact us for a free case review.
Our attorneys have a proven track record of achieving extraordinary results.
An apartment building owner in San Diego failed to maintain the second story guard railings, resulting in a woman falling through a railing and suffering a brain injury.
An apartment complex owner ignored the dangers of second-story window seats, resulting in a toddler falling out of a window and suffering a severe brain injury.
A family daycare center's failure to maintain a backyard fence resulted in a child tragically drowning in a pond on a neighboring property.
Jury verdict against Caltrans for a 13-year-old boy who was hit by a car while using a dangerous crosswalk.
A sudden tire failure caused an SUV to fishtail and crash into a tree on the side of a San Diego County highway, killing a beloved husband and father.
A massive, improperly installed gate collapsed on a sub-contracted worker who was asked by the general contractor to paint it, causing his tragic death.
A family was living in an apartment complex in San Diego when their toddler stood up on the living room window seat, leaned against the window screen, and fell through the second-story window. She landed on her head and suffered a severe brain injury. The apartment complex denied responsibility and blamed the mother for not watching her child.
Discovery revealed that several children had previously fallen out of the same windows in identical apartment configurations. The second-story window seats violated multiple building codes and regulations enacted for the safety of children. The apartment complex had the opportunity to install window locks and remove the bench seats, but it opted not to spend the money. Attorney Conor Hulburt created a time-lapse video of the removal of one of the dangerous bench seats, which demonstrated just how simple it was to eliminate the hazard.
In the end, the apartment complex entered into a confidential settlement. It also installed window safety locks and removed the second-story window seats throughout the complex.
If you were hurt because a property owner or business didn’t keep their space safe, you don’t have to sort it out on your own. Request a free premises liability case review to talk with a San Diego attorney about what happened and your options moving forward.
During your free case review, we listen to where and how the incident happened—whether it was at a store, apartment complex, hotel, parking lot, pool, or other property—and what injuries you’re dealing with. We review any photos, incident reports, emails, or insurance letters you already have and give an honest assessment of whether a premises liability claim may be available under California law. This conversation is confidential and there’s no obligation to move forward.
If you decide to work with us and the scope of representation is signed, we begin a focused investigation into the property and the hazard. That can include visiting and photographing the scene, obtaining incident and maintenance reports, requesting surveillance video, reviewing inspection logs, and speaking with witnesses, employees, or first responders. Acting early helps us preserve key evidence—like spill logs, repair records, and security footage—before it’s lost, altered, or overwritten.
When appropriate, we work with carefully selected experts to help analyze what happened and why. In premises cases, that may include building-code and safety experts, security experts in negligent-security cases, engineers, and medical professionals who can explain your injuries and future care needs. Their input helps us evaluate whether safety standards were followed and how the dangerous condition caused your injuries.
Using the facts and expert input, we analyze who had control over the property and what they knew—or should have known—about the unsafe condition. We look at how long the hazard existed, whether there were prior complaints or incidents, what inspections or repairs were (or weren’t) performed, and what reasonable steps could have reduced the risk. We identify all potentially liable parties, which may include owners, property managers, tenants, businesses, contractors, and, in some situations, public entities.
We work with you and your medical providers to understand the full impact of your injuries—medical expenses, time away from work, limitations at home, and changes to your day-to-day life. We then develop a settlement strategy that presents both the liability evidence and your damages in a clear, organized way to the insurance companies and defense lawyers involved. Throughout negotiations, we handle communications, explain any offers in plain language, and help you weigh the risks and benefits of settlement versus litigation.
If a fair resolution cannot be reached through negotiation, we are prepared to file a lawsuit and take your case to court. Litigation can involve written discovery, depositions of property owners, managers, employees, and experts, and, when necessary, preparing for trial. At trial, we present photos, video, inspection records, expert testimony, and your story to show how the dangerous condition arose, why it violated safety standards, and what the incident has meant for you and your family.
California premises liability law defines when property owners, managers, businesses, and public entities can be held responsible for injuries caused by unsafe conditions on their property. Here are some key principles that often apply in San Diego premises liability cases.
Under California Civil Code section 1714(a), everyone is generally responsible for injuries caused by their lack of ordinary care in the management of their person or property. In premises cases, that usually means:
California used to draw rigid lines among invitees, licensees, and trespassers, but modern cases focus more on whether it was reasonable for the owner or occupier to act (or fail to act) as they did, given the circumstances.
To win a premises liability case in California, an injured person generally must prove:
The “notice” element—what the owner knew or should have known and when—is often a central issue in slip-and-fall and other premises cases.
Responsibility is not always limited to the record owner of a property. Depending on the facts, potentially liable parties can include:
A key question is often who had control over the area where the incident happened and who was responsible for inspecting, maintaining, or warning about hazards there.
Property owners, managers, and insurers often raise a number of defenses, including:
California’s pure comparative negligence system means that even if an injured person is found partly at fault, they may still recover damages reduced by their percentage of responsibility.
The types and amounts of compensation available depend on the injuries, the impact on the person’s life, and the strength of the liability evidence. In many premises liability cases, recoverable damages include:
Economic damages
Non-economic damages
If the incident results in death, surviving family members may have wrongful death and related survival claims, which have their own rules about who may file and what can be recovered. In rare cases involving extreme or intentional misconduct, punitive damages may be available, but they are the exception rather than the rule.
California law sets strict statutes of limitations—deadlines for filing lawsuits. Missing the applicable deadline usually means losing the right to pursue the claim in court. For many premises liability cases involving personal injury:
When a public entity (such as a city or county responsible for a sidewalk, park, or public building) may be at fault, additional rules under the Government Claims Act apply:
There are limited exceptions (for example, for minors or certain delayed-discovery situations), but the rules are technical and strictly enforced, which is why timely legal advice is important in premises cases.
Forget surface-level research and mediocre inquiries. We dive deep to conduct extensive investigations and gather evidence in order to build your strongest case.
We use technology to your advantage. By using video and photography, scene recreations, and graphics, we tell your story in a visually-compelling way that other law firms cannot match.
Defense attorneys and insurance companies know us and respect us. We assess the full extent of your damages and pursue all responsible parties in order to maximize the compensation you deserve.
Catastrophic injury and wrongful death cases are rarely simple. We have taken on the largest corporations, insurance companies, and defense firms in the country and won.
We understand how important it is to have a compassionate and considerate lawyer. From providing regular case updates to ensuring clients are adequately prepared for each step of the case, we continually demonstrate our care for all of our clients.
Premises liability is a type of personal injury claim that arises when someone is hurt because of an unsafe condition on property owned, occupied, or controlled by another person or entity. Typical examples include slip and falls on wet floors, trips on broken steps, injuries from falling objects, assaults in poorly secured areas, and drownings in unsafe pools.
To bring a valid premises claim, the injured person generally must show that the property owner or manager failed to use reasonable care to discover, fix, or warn about the hazard, and that this failure was a substantial factor in causing the injury.
Possibly. A slip-and-fall in a store, restaurant, or other business can lead to a premises liability claim if:
Whether you have a case often turns on details: how long the hazard was present, what the store’s inspection or cleanup procedures were, whether there is video, and whether there were prior complaints. Photos, witness information, and incident reports are often helpful when evaluating a potential claim.
Warning signs (like “Wet Floor” or “Use Handrail”) and prior knowledge of a hazard don’t automatically eliminate a claim, but they can affect how fault is allocated. Owners generally must act reasonably under the circumstances; sometimes, posting a sign is not enough if the danger is severe or lasts for an extended period.
If you knew about the hazard or chose to proceed despite the risk, a court or jury may find you partly at fault, reducing your recovery under California’s comparative negligence system. However, there are many situations where people reasonably proceed despite a known risk (for example, when there is no safe alternative route). Those facts matter when assessing responsibility.
Property owners and insurers frequently argue that a hazard was “open and obvious”—meaning a reasonable person would have seen and avoided it. This can be a powerful defense but does not automatically defeat a claim in California.
Courts still ask whether the owner should have anticipated harm despite the condition being visible—for instance, when a person must encounter the hazard to enter or exit a building, or when distractions or lighting issues make it unreasonable to expect perfect vigilance. Even if a danger is obvious, owners may still have a duty to fix or guard against it, and comparative negligence principles allow for shared fault rather than an all-or-nothing outcome.
Often, yes. California uses pure comparative negligence, which generally allows injured people to recover compensation even if they share some responsibility for the incident. Any award is reduced by the person’s percentage of fault.
For example, if your total damages are valued at $100,000 and you’re found 30% at fault for not paying attention, your recovery could be reduced to $70,000. Insurance companies may try to assign an unfair share of blame to you, so careful investigation and advocacy can be important to ensure responsibility is assessed fairly.
Premises liability cases usually do not result in immediate payments of medical bills. While the case is pending, medical expenses may be paid by:
At the end of the case, health insurers or lien-based providers may assert a right to reimbursement from your recovery. Managing and negotiating these liens is an important part of many premises cases and can significantly affect how much you ultimately receive.
Claims involving public property—such as city sidewalks, county buildings, public parks, or state facilities—are subject to additional rules under California’s Government Claims Act. In many of these cases, you must:
If the claim is rejected, there are additional time limits—often as short as six months from the rejection—to sue. Because these deadlines are shorter and more technical than the general two-year rule, prompt action is especially important in cases involving public property.
In many premises liability cases involving personal injuries, the general statute of limitations is two years from the date of the injury, under Code of Civil Procedure section 335.1.
However, there are important exceptions:
Because missing a deadline can completely bar a claim, it’s generally wise to speak with a lawyer as soon as reasonably possible after an incident to identify and protect the applicable time limits.
To get the most out of an initial consultation, it’s helpful—but not mandatory—to bring:
If you don’t have all of this, you can still talk with a lawyer. Part of their role is to help gather the necessary records and information.
There is no one-size-fits-all timeline. The length of a premises case can depend on:
Some cases resolve in several months once medical treatment and liability are reasonably understood. Others—especially those involving serious injuries, disputed liability, public entities, or complex code issues—can take a year or more and may require preparing for trial. A lawyer can give you a more specific sense of timing after learning the details of your situation.
You’re not required to hire an attorney, but premises liability cases can be complex. They often involve questions about building codes, inspection and maintenance practices, prior complaints, video evidence, comparative fault, and, in public-entity cases, strict government-claim deadlines. A premises liability attorney can investigate the incident, preserve evidence, consult with experts, handle negotiations, and guide you through litigation if needed.
Many firms, including Hulburt Law Firm, handle premises liability cases on a contingency fee basis. That generally means:
There may also be case costs (such as court filing fees, expert costs, or records charges) that are advanced by the firm and reimbursed from any settlement or verdict, as explained in the written fee agreement.
Potential defendants who may be held liable for an unsafe condition include:
Property Owners
Property owners have a legal duty to maintain their premises in a reasonably safe condition. This duty applies to residential, commercial, and public properties. Owners may include individuals, corporations, landlords, tenants, or government entities.
Property Managers or Landlords
If the property is managed or leased by a property management company or landlord, they may share responsibility for maintaining safe conditions on the premises. Property managers may be held liable for negligent maintenance, failure to address hazards, or improper security measures.
Business Operators
Owners or operators of businesses, stores, restaurants, hotels, or other commercial establishments have a duty to ensure that their premises are safe for customers, employees, and other visitors. They may be held liable for hazards such as slippery floors, falling merchandise, or inadequate security.
Contractors and Subcontractors
In cases involving construction sites or ongoing renovations, contractors, subcontractors, or construction companies responsible for the work may be held liable for hazards related to their activities, such as exposed wiring, debris, or unsafe conditions.
Government Entities
If the accident occurs on public property or government-owned premises, such as parks, sidewalks, or government buildings, governmental entities may be held liable for maintaining safe conditions and addressing hazards that pose a risk to public safety.
Maintenance Companies
Property owners or managers may hire maintenance companies or contractors to perform routine upkeep, repairs, or cleaning services. If the maintenance company's negligence contributes to unsafe conditions or fails to address hazards adequately, they may be held liable.
Security Companies
Property owners or businesses may contract security companies to provide surveillance, security personnel, or other security measures. If inadequate security contributes to criminal activities or injuries on the premises, the security company may be held liable for negligence.
Third Parties
In some cases, third parties unrelated to the property ownership or management may also be held liable for contributing to unsafe conditions. For example, a delivery company that negligently leaves a package in a walkway could be liable if someone trips over it and gets injured.
The Hulburt Law Firm’s team conducts a thorough investigation to identify all potentially responsible parties and assess their respective roles in creating or allowing the unsafe condition to exist. We can help you navigate the legal process and hold the appropriate parties accountable.
If a loved one dies due to an unsafe condition of property, the family members can pursue wrongful death and survival claims against the responsible parties.
Wrongful Death Claim
A wrongful death claim is filed by the family members of someone who died because of the negligence or wrongdoing of another party. Wrongful death claims allow family members to seek compensation for the death of their loved one.
Wrongful death damages include compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support. They also include compensation for the loss of financial support, household services, and funeral expenses.
Survival Claim
A survival claim allows family members to pursue damages on behalf of the deceased person’s estate. A survival claim focuses on damages suffered by the deceased person before they died. For example, a survival claim may seek damage for the deceased person’s pre-death pain and suffering, and punitive damages for egregious negligence or recklessness.
The Hulburt Law Firm specializes in catastrophic injury and wrongful death cases. Our attorneys have helped spouses, parents, children, and siblings recover maximum compensation for the loss of their loved ones. Contact us for a free consultation.
Some common injuries sustained in premises liability cases include:
Head and Brain Injuries
Traumatic brain injuries (TBIs) can occur if a person’s head strikes a hard surface during a fall or another accident. Head injuries can range from concussions to more severe brain damage, leading to long-term consequences.
Back and Spinal Cord Injuries
Falls, accidents involving defective stairs or ramps, or other incidents on unsafe premises can cause back injuries, spinal cord damage, herniated discs, or paralysis. These injuries have significant and lasting effects on mobility and quality of life.
Fractures and Broken Bones
Slip and fall accidents, trips, or other incidents caused by hazardous conditions can lead to fractures and broken bones. These injuries often occur in the wrists, arms, ankles, hips, or legs.
Internal Injuries
Blunt force trauma from a fall or impact can cause internal injuries such as organ damage, internal bleeding, or abdominal injuries. These injuries may not always be immediately apparent and may require prompt medical evaluation.
Emotional Distress
In addition to physical injuries, premises liability accidents can also result in emotional distress, including anxiety, depression, post-traumatic stress disorder (PTSD), or other psychological conditions.
Wrongful Death
In the most severe cases, premises liability accidents can result in fatalities. If a loved one dies due to injuries sustained on another person’s property, surviving family members may have grounds for a wrongful death claim to seek compensation for their loss.
The Hulburt Law Firm’s personal injury attorneys have helped clients suffering from these injuries achieve maximum compensation.
Some common causes of unsafe conditions in premises liability cases include:
Negligent Maintenance
Neglecting routine maintenance tasks such as repairing broken handrails, replacing worn-out flooring, fixing malfunctioning equipment, or addressing structural defects can create hazardous conditions on the property.
Lack of Handrails or Guardrails
Absence or inadequate installation of handrails or guardrails on staircases, balconies, ramps, or elevated platforms can contribute to falls and serious injuries. Property owners must provide appropriate safety barriers to prevent accidents.
Inadequate Warning Signs or Barriers
Failure to provide adequate warning signs, barriers, or cautionary markings to alert visitors to potential hazards can contribute to accidents and injuries on the property.
Construction or Renovation Hazards
Construction sites or properties undergoing renovations may have hazardous conditions such as exposed wiring, unfinished surfaces, or debris.
Uneven or Defective Surfaces
Uneven flooring, cracked pavement, potholes, or loose tiles can pose tripping hazards, leading to trips and falls. Property owners have a duty to maintain safe walking surfaces and repair any defects that could cause accidents.
Slippery Surfaces
Wet or slippery floors due to spills, leaks, or inadequate cleaning are a leading cause of slip and fall accidents in premises liability cases. Failure to promptly address these hazards or provide warning signs can result in injuries.
Inadequate Lighting
Poor lighting in stairwells, parking lots, walkways, or other areas can increase the risk of accidents, especially during nighttime or low-visibility conditions. Proper illumination is essential to prevent slips, trips, and falls.
Defective or Inadequate Security
Inadequate security measures such as broken locks, malfunctioning surveillance cameras, or insufficient security personnel can expose visitors to the risk of criminal activities such as assaults, robberies, or vandalism.
Dangerous Animals
Failure to control aggressive or unrestrained animals on the property can result in dog bites, animal attacks, or other injuries to visitors. Property owners must take reasonable precautions to prevent harm caused by dangerous animals.
Our Hulburt Law Firm team has experience with all of these causes of unsafe conditions.
Simply fill out the form or call 619.821.0500 to receive a free case review. We’ll evaluate what happened, your injuries, and potential defendants to determine how we can best help you.