Duty of Care for Property Owners in San Diego

Property owners have a legal responsibility to ensure their premises are reasonably safe for visitors and guests. When they fail to uphold this duty, serious injuries can occur. California’s premises liability laws hold negligent property owners accountable when they fail to maintain safe conditions.

At Hulburt Law Firm, our experienced San Diego premises liability attorneys are dedicated to helping injured victims seek justice. Below, we’ll explain a property owner’s duty of care, how liability is determined, and what steps you can take if you’ve been injured due to unsafe property conditions.

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What is Duty of Care in Premises Liability Cases?

Property owners must use reasonable care to keep their property in a safe condition. (Civil Code section 1714.) This duty applies to anyone who owns, leases, occupies, or controls property. Landlords, homeowners, renters, business owners, and government entities that control properties all owe a duty of care.

A property owner’s duty of care includes:

• Duty to inspect: Regularly inspecting the property for unsafe conditions
• Duty to repair: Repairing or replacing dangerous conditions in a timely manner
• Duty to warn: Providing adequate warnings about known hazards

(Judicial Council of California Civil Jury Instruction 1001.)

When property owners fail to take these precautions, they can be held legally responsible for injuries that occur as a result.

“The owner of premises is under a duty to exercise ordinary care in the management of such premises in order to avoid exposing persons to an unreasonable risk of harm. A failure to fulfill this duty is negligence.” (Brooks v. Eugene Burger Management Corp. (1989) 215 Cal.App.3d 1611, 1619.)

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What Factors are Considered in Assessing Reasonable Care?

In assessing whether a property owner used reasonable care, juries are asked to consider the following factors:

• The location of the property
• The likelihood that someone would come on to the property in the same manner as the injured person did
• The likelihood of harm
• The probable seriousness of such harm
• Whether the property owner knew or should have known of the condition that created the risk of harm
• The difficulty of protecting against the risk of such harm
• The extent of the property owner’s control over the condition that created the risk of harm

(Judicial Council of California Civil Jury Instruction 1001.)

“The measures a [property owner] must take to comply with the duty to keep the premises in a reasonably safe condition depend on the circumstances, and the issue is a question for the jury unless the facts of the case are not reasonably in dispute.” (Staats v. Vintner’s Golf Club, LLC (2018) 25 Cal.App.5th 826, 840.)

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What is an Unsafe Condition? 

An unsafe condition is a condition of the property that creates an unreasonable risk of harm. (Judicial Council of California Civil Jury Instruction 1003.)

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A property owner must make reasonable inspections of the property to discover unsafe conditions. - Judicial Council of California Civil Jury Instruction 1011

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A Landlord’s Duty to Inspect for Unsafe Conditions 

A landlord owes a duty to conduct periodic inspections of a rental property. This includes, at a minimum, conducting inspections:

• Before giving possession of leased property to a tenant 
• On renewal of a lease, and 
• After retaking possession from a tenant

A landlord must inspect the property for unsafe conditions and take reasonable precautions to prevent injury due to conditions that were discovered or should have been discovered in the process. 

The inspection must include common areas under the landlord’s control. Even after a tenant has taken possession, a landlord must still take reasonable precautions to prevent injury due to unsafe conditions. (Judicial Council of California Civil Jury Instruction 1006.)

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Common Safety Hazards that Property Owners Must Address

Property owners must actively prevent and correct dangerous conditions, including:

• Slip and fall hazards: Wet floors, uneven surfaces, loose carpeting, poor lighting
• Trip hazards: Cluttered walkways, cracked sidewalks, exposed electrical cords
• Window hazards: Second story windows susceptible to child access
• Inadequate security: Lack of lighting, broken locks, failure to prevent foreseeable crimes
• Dog bites and animal attacks: Unrestrained or aggressive dogs
• Swimming pool dangers: Lack of fences, faulty drains, slippery deck
• Defective stairs, balconies, and railings: Risk of falls from heights
• Elevator or escalator malfunctions: Sudden drops, entrapment injuries
• Fire hazards: Lack of smoke detectors, electrical issues, blocked exits

If a property owner ignores these hazards, they may be liable if an accident occurs.

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How Is Liability Determined in a Premises Liability Case?

To prove a premises liability claim, an injured victim must establish four key elements:

1. The property owner owed a duty of care: The owner, lessor, or occupier of the property had a legal obligation to maintain safe conditions.
2. The property owner was negligent: The owner knew or should have known about a hazard but failed to fix it or provide adequate warning.
3. The hazard caused the injury: There must be a clear link between the dangerous condition and the victim’s injury.
4. The victim suffered damages: The injured person must prove real harm, such as physical injury, medical expenses, lost wages, pain and suffering, or emotional distress.

(Judicial Council of California Civil Jury Instructions No. 1000.)

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What to Do If You’re Injured on Someone Else’s Property

If you’ve suffered an injury due to unsafe property conditions, take the following steps to protect your rights:

1. Seek medical attention: Even if injuries seem minor, get checked by a doctor.
2. Document the scene: Take photos or videos of the hazard that caused your injury.
3. Report the incident: Notify the property owner, manager, or landlord. If in a business, ask for an incident report.
4. Get witness information: Collect names and contact details of anyone who saw the accident.
5. Save medical records: Keep copies of doctor visits, medical bills, and treatment plans.
6. Consult an attorney: An experienced premises liability lawyer can help determine if you have a valid claim and fight for fair compensation.

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How Hulburt Law Firm Can Help

If you or a loved one has been injured due to unsafe property conditions in San Diego, Hulburt Law Firm is ready to fight for you. Our premises liability attorneys, Conor and Leslie Hulburt, have a proven track record of holding negligent property owners accountable and recovering full compensation for victims.

Why Choose Us?

• Extensive experience in serious injury and wrongful death cases
• Proven track record of exceptional results in unsafe property cases.
• Aggressive courtroom advocacy – We fight for maximum compensation
• Compassionate legal team that listens and cares about your case
• No upfront fees – You only pay if we win your case

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Injured on Someone Else’s Property? Call for a Free Consultation Today

Contact Hulburt Law Firm today for a free consultation. Let us fight for the justice you deserve—because The Truth Demands Justice.

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Related Content:

• Common Injuries in Premises Liability Cases in San Diego
• Negligence in Premises Liability Cases: When Property Owners Fail to Keep You Safe

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