Compensation for Premises Liability Victims in San Diego

A slippery floor, broken stairway, or inadequate security can lead to devastating injuries. If you were harmed due to unsafe conditions on someone’s property, you have the right to seek compensation.

At Hulburt Law Firm, our San Diego premises liability attorneys, Conor and Leslie Hulburt, have built a reputation for holding negligent property owners accountable and fighting for the compensation victims deserve. 

This article outlines the types of compensation available to premises liability victims and how we can help you achieve the best outcome.

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Types of Compensation in a Premises Liability Claim

Victims of premises liability accidents may be eligible for compensation in the following categories:

1. Economic damages
2. Non-economic damages
3. Wrongful death damages
4. Punitive Damages 

Each of these types of compensation is discussed below.

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1. Economic Damages (Financial Losses)

Economic damages compensate victims for actual monetary losses related to the injury, including:

Medical Expenses

• Emergency room visits
• Surgeries and hospital stays
• Prescription medications
• Physical therapy and rehabilitation
• Medical equipment (wheelchairs, braces, crutches)
• Future medical care for long-term injuries

Example: A hotel guest suffers a spinal cord injury after falling down a defective staircase, requiring multiple surgeries and extensive rehabilitation. Compensation includes all current and future medical costs. 

(Judicial Council of California Civil Jury Instructions No. 3903A.)

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Lost Income and Future Earnings

• Compensation for missed work during recovery
• Lost future earnings if the injury affects job performance
• Loss of earning capacity for permanent disabilities

Example: A grocery store shopper slips on an unmarked wet floor and fractures their hip, preventing them from working for six months. Their settlement includes lost wages and future earnings. 

(Judicial Council of California Civil Jury Instructions No. 3903C.)

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Property Damage

• Repair or replacement costs for damaged personal property (e.g., phone, glasses, clothing lost in the accident)

Example: A person falls in a poorly lit parking garage due to cracked pavement and breaks their prescription glasses and laptop. They may be compensated for these damages. 

(Judicial Council of California Civil Jury Instructions No. 3903J.)

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“For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.” - California Civil Code section 3333

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2. Non-Economic Damages (Pain and Suffering)

Non-economic damages compensate victims for intangible losses, such as:

Pain and Suffering

• Physical pain from the injury
• Chronic discomfort or ongoing medical treatment
• Impact on daily activities and quality of life

Example: A victim suffers a traumatic brain injury after tripping over a loose carpet in a department store. Their constant headaches and dizziness affect their ability to work and enjoy life, leading to compensation for pain and suffering. 

(Judicial Council of California Civil Jury Instructions No. 3905A.)

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Emotional Distress and Mental Anguish

• Anxiety, depression, PTSD from the accident
• Insomnia, nightmares, or emotional trauma

Example: A woman is assaulted in a poorly secured apartment complex due to negligent security and develops severe PTSD. Her claim includes compensation for emotional distress. 

(Judicial Council of California Civil Jury Instructions No. 3905A.)

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Loss of Enjoyment of Life

• Inability to participate in hobbies, social events, or daily activities
• Reduced independence or lifestyle changes due to the injury

Example: A professional athlete falls on a broken sidewalk and suffers a permanent knee injury, preventing them from playing their sport again. Their compensation includes loss of enjoyment of life. 

(Judicial Council of California Civil Jury Instructions No. 3905A.)

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Loss of Consortium

• Compensation for the impact on a victim’s relationship with their spouse or family
• Loss of companionship, affection, or support due to the injury

Example: A husband suffers a severe spinal cord injury after falling down unsafe stairs in an office building. His wife may recover loss of consortium damages. 

(Judicial Council of California Civil Jury Instructions No. 3920.)

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3. Wrongful Death Damages (Loss of a Loved One)

In cases where a premises liability accident results in wrongful death, surviving family members may be entitled to compensation for their loss. These damages include both economic and non-economic losses.

Economic Damages for Wrongful Death

• Funeral and burial expenses
• Loss of financial support the deceased would have provided
• Medical expenses incurred before death

Example: A tenant dies due to carbon monoxide poisoning in an apartment where the landlord failed to install detectors. The family may recover funeral costs and lost financial support. 

(Judicial Council of California Civil Jury Instructions No. 3921.)

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Non-Economic Damages for Wrongful Death

• Loss of companionship, love, and guidance
• Emotional suffering and mental anguish of surviving family members

Example: A father is killed in a shopping mall parking lot due to inadequate security. His children may receive compensation for the loss of his love and support. 

(Judicial Council of California Civil Jury Instructions No. 3921.)

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4. Punitive Damages (For Gross Negligence or Recklessness)

In some cases, courts award punitive damages if a property owner’s actions were reckless or willfully negligent. These damages punish the defendant and deter future misconduct. (California Civil Code section 3294)

Examples of Gross Negligence:

• A landlord ignores tenant complaints about broken security locks, leading to an attack
• A business owner knows about a collapsing ceiling but refuses to fix it
• A store deliberately hides safety violations to avoid repairs

Example: A theme park ignores multiple reports of a faulty ride, resulting in a catastrophic accident. The jury awards punitive damages to the injured victims.

(Judicial Council of California Civil Jury Instructions No. 3940.)

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How Much Compensation Can You Receive?

The amount of compensation you can recover depends on several factors, including:

• Severity of injuries: More serious injuries result in higher compensation
• Medical costs: Past and future medical expenses are considered
• Impact on employment: Lost wages and earning capacity affect the settlement
• Pain and suffering: Non-economic damages vary based on emotional and physical trauma
• Liability and fault: Strong evidence of negligence increases compensation
• Your attorney: Any experienced attorney will ensure you recover maximum compensation.

Example Settlement: A San Diego apartment complex fails to maintain adequate lighting and security, leading to a violent assault on a tenant. The victim suffers PTSD and lasting injuries. Their settlement includes:

• $200,000 in medical expenses
• $125,000 in lost earnings
• $3.2 million in pain and suffering
• Total Compensation: $3.525 million

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How Hulburt Law Firm Can Help You

At Hulburt Law Firm, we have a proven track record of fighting for premises liability victims in San Diego. Conor Hulburt has obtained numerous seven and eight-figure results on behalf of serious injury victims. Visit our San Diego Premises Liability Attorney page to learn more. We work tirelessly to maximize your settlement and hold negligent property owners accountable.

Call Hulburt Law Firm today for a free consultation. We’ll review your case, explain your legal options, and fight for the justice you deserve.

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Related Content:

• The Role of Premises Liability Attorneys in San Diego
• Liability Insurance Coverage for Injuries on Someone Else’s Property

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