Premises liability refers to the legal responsibility of property owners and occupiers to ensure their property is safe for visitors. If someone is injured on a property due to unsafe conditions, the property owner or occupier may be held liable for the injuries.
At the Hulburt Law Firm, we are dedicated to providing expert legal representation for premises liability victims. Our experienced attorneys will guide you through the legal process to ensure you receive the compensation you deserve.
Throughout the process, we keep you informed, answer any questions you may have, and provide ongoing support. We limit the number of cases we take on so that we can dedicate the time and attention needed for each case.
With the Hulburt Law Firm by your side, you can focus on your recovery while knowing that your legal claims are being taken care of. If you or a loved one has been involved in a premises liability accident, contact us today for a free case review.
Our attorneys have a proven track record of achieving extraordinary results.
A sudden tire failure caused an SUV to fishtail and crash, killing a beloved husband and father.
An improperly installed gate fell on a construction worker, killing him.
A concrete block wall fell on a construction worker, killing him.
A property owner failed to maintain second story guard railings, causing a woman to fall through a railing.
A property owner ignored the dangers of second-story window seats, and a toddler fell out of a window.
A child tragically drowned.
During your free case review, we listen to your story, collect preliminary information, and provide an honest evaluation of your case’s strengths and potential challenges.
Once the scope of work is signed, our team gets to work conducting a thorough investigation to build a strong foundation for your case examining the accident scene, analyzing incident reports, medical records, and any other relevant documents, and interviewing witnesses.
To strengthen your case, our firm collaborates with experts, including safety experts, medical professionals, and economists in order to recreate the accident scenario, provide detailed assessments of your injuries and necessary treatments, and calculate the full extent of your financial losses.
Based on our investigation and expert collaboration, we develop a tailored legal strategy involving identifying all liable parties, determining claims, and calculating damages.
Our goal is to ensure you receive full and fair compensation for all your losses. We thoroughly assess the damages you have suffered, including medical expenses, lost wages, pain and suffering, property damage, and loss of consortium (compensation for the impact of your injuries on your relationship with your spouse or family).
If a fair settlement cannot be reached, we take your case to court. Our trial attorneys have extensive courtroom experience and are skilled at telling your story, presenting evidence and expert testimony, cross-examining witnesses, and making compelling arguments to the judge and jury.
Premises liability law holds property owners and occupiers accountable for injuries that occur on their property due to unsafe conditions. See several key points below:
To establish a premises liability claim, the plaintiff must prove:
Common defenses used by property owners include:
At the Hulburt Law Firm, we are dedicated to providing expert legal representation for premises liability victims in San Diego.
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 the legal responsibility of property owners to maintain safe conditions on their property. People who suffer injuries due to unsafe conditions have the right to pursue compensation through a premises liability claim.
Key aspects of premises liability include:
Duty of Care
Property owners, renters, and occupiers owe a duty of care to ensure that their premises are reasonably safe for visitors. This duty includes inspecting the property for hazards, repairing dangerous conditions, and providing warnings about potential risks.
Types of Visitors
Visitors to a property are generally classified into three categories for purposes of premises liability:
Types of Hazards
Hazards that may give rise to premises liability claims include:
Negligence Standard
To establish liability in a premises liability claim, the plaintiff typically needs to prove that the property owner or occupier was negligent in maintaining safe conditions on the premises. This may involve demonstrating that the defendant knew or should have known about the hazardous condition and failed to take reasonable steps to address it.
The Hulburt Law Firm’s attorneys have handled premises liability cases involving poor maintenance, defective guard railings, broken stairs, unsafe second story windows, building code violations, trip hazards, potholes, dog bites, and other unsafe conditions. We know the ins and outs of premises liability and how to build your case to achieve maximum compensation.
Common types of premises liability cases include:
Potentially liable parties include:
To establish a premises liability claim, you must prove:
Negligence is determined by examining whether the property owner or occupier failed to maintain the property in a reasonably safe condition, failed to inspect the property, or failed to warn visitors of known hazards. The court will consider if the property owner took reasonable steps to prevent harm.
You may be eligible for various types of compensation, including:
Personal Injury Claims: You generally have two years from the date of the accident to file a personal injury lawsuit.
Property Damage Claims: You have three years from the date of the incident to file a lawsuit for property damage
Yes, California follows a pure comparative negligence rule. This means you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, you can still recover 80% of your damages.
The duration varies based on the complexity of the case, the severity of the injuries, and whether a settlement is reached or the case goes to trial. It can take several months to a few years to resolve a premises liability case.
While it’s possible to file a claim without an attorney, having an experienced premises liability lawyer is highly recommended. An attorney can help:
If the accident occurred on government property, special rules apply. You must file a government claim within six months of the accident. If the claim is denied, you then have six months from the date of the denial to file a lawsuit. Consulting with an attorney is crucial in these cases due to the complex nature of claims against government entities.
In California, property owners have nondelegable duties that cannot be transferred or delegated to another party. These duties apply regardless of whether the landowner hires third-party property manager, contractor, employee or agent to perform tasks related to the property’s management, maintenance, or security. These duties arise from the landowner’s control and responsibility for the premises and are intended to ensure the safety of visitors and protect against foreseeable hazards.
Some of the key nondelegable duties of landowners in California include:
Duty to Maintain Safe Premises
Landowners have a nondelegable duty to maintain their premises in a reasonably safe condition for visitors. This includes regularly inspecting the property for hazards, repairing any dangerous conditions, and taking reasonable steps to prevent accidents and injuries.
Duty to Warn of Known Hazards
Landowners have a nondelegable duty to warn visitors of any known hazards or dangerous conditions on the property that may not be obvious to the visitor. This duty includes providing warnings about potential risks, such as slippery floors, uneven surfaces, or hidden obstacles.
Duty to Provide Adequate Security
In certain circumstances, landowners have a nondelegable duty to provide adequate security measures to protect visitors from foreseeable criminal acts by third parties. This duty may arise in cases where there is a history of criminal activity on the premises or where the landowner knows or should know of the potential for harm.
Duty to Exercise Reasonable Care
Overall, landowners have a nondelegable duty to exercise reasonable care in managing and controlling their property to prevent foreseeable harm to visitors. This duty requires landowners to take proactive measures to identify and address potential hazards, implement appropriate safety measures, and respond promptly to any reports of dangerous conditions.
The Hulburt Law Firm’s premises liability attorneys can help you understand your rights and pursue maximum compensation for your injuries and losses.
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.
Yes, it’s possible to receive compensation due to an unsafe condition even if you were partially at fault. California follows a pure comparative fault rule. Under this rule, your compensation is reduced by your percentage of fault for the accident.
For example, if a jury found you to be 10% at fault for the accident and the total damages were $1,000,000, your compensation would be reduced by 10%. This would leave you with $900,000 ($1,000,000 - 10% = $900,000).
Determining fault in a premises liability case can be complex, and insurance companies often try to minimize their liability by assigning a higher percentage of fault to you. Evidence like witness statements, photographs, and property records are essential to support your claim.
Health insurance liens arise when your health insurance provider has covered medical expenses related to your injuries caused by another’s negligence. Health insurers seek reimbursement from your lawsuit recovery for the medical expenses they paid.
Medical Treatment Coverage
Health insurance (whether private, Medi-Cal, or Medicare) usually covers medical expenses related to treatment for injuries suffered in an accident. This coverage may include hospital bills, doctor’s visits, surgeries, medications, rehabilitation, and other services.
Reimbursement Rights
Health insurance companies include clauses in their policies that grant them reimbursement rights. In premises cases, this includes reimbursement from any settlement or judgment received by the injured person.
Notification
Once the health insurance company learns that your injuries were caused by a third party’s negligence, they assert their reimbursement rights with a notice of lien letter. This notice informs you that the health insurance company has a claim on your settlement or judgment for the medical expenses they covered.
Negotiation
Your lawyers negotiate with the health insurance company to reduce the amount of the lien. There are a number of negotiation techniques for achieving a significant lien reduction.
Lien Satisfaction
Once a settlement or judgment is reached in the case, the injured person’s attorney must ensure that the health insurance lien is paid.
At the Hulburt Law Firm, our attorneys work with your medical lien holders to resolve any liens for the lowest possible amount.
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.