San Diego

Premises Liability

Attorney

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.

Common premises liability cases we handle:

  • Slip, trip, and fall accidents resulting in serious injuries
  • Unsafe stairs, balconies, windows, and guardrails
  • Negligent security leading to assaults or other crimes
  • Swimming pool drownings and near-drownings
  • Dog bites and other dangerous animal incidents

Our Approach

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.

Navigate the Law

Understand and manage the complexities of your case with an expert legal team on your side.

Gather Crucial Evidence

Our legal team collects crucial evidence to present a compelling case.

Negotiate Settlements

We handle negotiations with insurance companies and opposing parties in order to achieve the highest settlements possible.

Representation in Court

Our experienced attorneys provide skilled representation if your case goes to trial.

Case Results

Our attorneys have a proven track record of achieving extraordinary results.

$3,175,850
Premises Liability

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.

$3,100,000
Premises Liability

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.

$1,665,000
Premises Liability

A family daycare center's failure to maintain a backyard fence resulted in a child tragically drowning in a pond on a neighboring property.

$28,163,528
Dangerous Roadway

Jury verdict against Caltrans for a 13-year-old boy who was hit by a car while using a dangerous crosswalk.

$25,360,000
Automotive Defect

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.

$16,550,000
Construction Accident

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.

Real client stories
Premises Liability: Deadly Second-Story Window Seat

The Harm

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.  

The Truth

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.

Justice

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.

How It Works

01

Free Case Review

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.

02

Detailed Investigation

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.

03

Expert Collaboration

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.

04

Liability & Notice Analysis

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.

05

Damages Assessment

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.

06

Litigation & Trial Representation

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.

07
08
09

California Premises Liability Law: Duty, Liability & Deadlines

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.

Who Does a Property Owner Owe a Duty of Care To?

What Do You Have To Prove in a California Premises Liability Case?

Who Can Be Liable in a Premises Liability Case?

Common Defenses in California Premises Liability Cases

What Compensation Is Available in a Premises Liability Case?

Deadlines to File a Premises Liability Lawsuit in California

The Hulburt Law Difference

In-Depth Investigations

Forget surface-level research and mediocre inquiries. We dive deep to conduct extensive investigations and gather evidence in order to build your strongest case.

Tech-Forward Approach

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.

Maximum Compensation

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.

The Right Experience

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.

Genuine Care

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.

If I ever had a family member injured and needed legal assistance, I would call Conor.
Past Client
Conor is definitely the kind of attorney you want on your side: smart, focused, and relentless.
Patrick C.
I would highly recommend Conor for his outstanding service and attention to detail.
Trevor J.
Needing an attorney is daunting and stressful. Make it easier on yourself. Give Conor a call.
John D.
Conor is a thorough, thoughtful, and tenacious litigator who does everything he can to help his clients.
Opposing Counsel
His skill and talent in presenting cases at mediation and working them up has resulted in some of the largest settlement results this year. I can’t think of a better young attorney in San Diego right now than Conor Hulburt.
Local Mediator
Absolutely wonderful, patient and really puts effort into your case. Conor went out of his way to make sure we were taken care of.
Jasmine C.
I was very happy working with Conor and would recommend him to anyone. With him, you're in good hands.
Liz F.
Compassionate, trustworthy, and fights for justice — Conor is the real deal.
J. Quiroz
The Hulburt Law Firm represented my family after a tragic fatal roadway incident. Their firm was compassionate and sensitive. We would highly recommend them.
Dianne T.
Finding Conor was truly a blessing. We are so grateful for his compassion, dedication, and support throughout the entire process.
Deisy Q.

Premises Liability

FAQs

What is “premises liability” in California?

Do I have a case if I slipped and fell at a store or restaurant in San Diego?

What if there were warning signs or I knew about the hazard?

What if the hazard was “open and obvious”?

Can I still recover if I was partly at fault for my premises accident?

Who pays my medical bills while my premises liability case is pending?

What if the property where I was injured belongs to a city, county, or other government agency?

What is the time limit to file a premises liability claim in California?

What should I bring to my first meeting with a premises liability lawyer?

How long does a premises liability case usually take?

Do I need a premises liability attorney, and how much will it cost?

Who can be held responsible for unsafe conditions on a property in San Diego?

What if someone dies due to an unsafe condition of property?

What are common injuries in premises liability cases?

What are the common causes of unsafe conditions in California premises liability cases?

Request a Free Case Review

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.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.