Legal Process for Premises Liability Claims in San Diego

If you were injured due to unsafe conditions on someone else’s property, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. However, navigating a premises liability claim can be complex—especially when property owners and insurance companies attempt to deny responsibility or minimize your claim.

At Hulburt Law Firm, our experienced trial attorneys, Conor and Leslie Hulburt, have successfully handled numerous premises liability cases in San Diego. We aggressively fight to hold negligent property owners accountable and secure the compensation our clients deserve. Below, we outline the legal process for pursuing a premises liability claim in California, from filing deadlines to settlement negotiations.

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Step 1: Understanding the Statute of Limitations

California law places a strict time limit on how long you have to file a premises liability lawsuit.

Filing Deadlines for Premises Liability Claims in California:

• Two Years – If you were injured on private property, you must file a lawsuit within two years of the accident.
• Six Months – If you were injured on government property (such as a public park or government building), you must file a claim within six months.

Missing the deadline means losing your right to seek compensation, so acting quickly is critical.

Example: A customer slips on an unmarked wet floor at a San Diego restaurant on January 1, 2024. They must file their lawsuit by January 1, 2026, or they will lose their right to compensation.

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Step 2: Investigating the Case & Gathering Evidence

To prove liability, you must show that the property owner failed to maintain safe conditions, leading to your injury. Strong evidence is essential.

Evidence to Support Your Claim:

• Photos & Videos – Document hazardous conditions, such as wet floors, broken stairs, or poor lighting.
• Witness Statements – Obtain contact information from anyone who saw the accident.
• Incident Reports – If injured at a business, request a written accident report.
• Security Camera Footage – Request video evidence before it is deleted.
• Medical Records – Keep all documents related to your injuries and treatments.
• Maintenance & Safety Records – Show that the property owner ignored safety violations.

Example: A hotel guest falls down a dimly lit stairwell and suffers a spinal injury. Security footage reveals a burned-out light bulb, and maintenance logs show that staff ignored previous safety complaints. This evidence proves negligence.

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Step 3: Filing an Insurance Claim

Before filing a lawsuit, your attorney will typically communicate with the property owner’s insurance company.

How the Insurance Claim Process Works:

1. Letter of Representation – Your attorney sends the insurer a letter advising that you are represented by counsel.
2. Request for Policy Limits – Your attorney may request the insured’s liability coverage policy limits. 
3. Insurance Investigation – The insurer reviews the evidence and circumstances of the accident.
4. Demand Letter – Your attorney may send a settlement demand letter outlining your injuries, medical costs, and how the property owner’s negligence caused your accident.
5. Settlement Negotiations – Your attorney fights for maximum compensation.

Common Challenges You May Face:

• Denial of Liability – The property owner claims they were unaware of the hazard.
• Blame Shifting – They argue that you were careless or should have noticed the danger.
• Lowball Offers – The insurer offers far less than your claim is worth.

Example: A grocery store customer breaks their wrist in a slip and fall accident. The store’s insurance company offers $5,000, but the victim’s medical bills exceed $50,000. Their attorney negotiates aggressively and secures a $250,000 settlement.

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In serious injury cases, filing a lawsuit is typically necessary to recover maximum compensation. This is because the insurance company needs to perform its due diligence before paying a large sum of money. Due diligence involves hiring a defense attorney and expert witnesses, and conducting discovery into the liability and damages aspects of the case.

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Step 4: Filing a Lawsuit

If settlement negotiations fail (or your attorney believes negotiations will not be productive), your attorney will file a lawsuit against the property owner.

Key Steps in the Legal Process:

1. Filing the Complaint – Your attorney files a legal complaint with the court.
2. Pretrial Discovery – Both sides exchange evidence and witness testimony.
3. Depositions – Witnesses and experts provide sworn testimony under oath.
4. Mediation & Settlement Talks – Courts often require mediation before trial.
5. Trial (If Necessary) – If no settlement is reached, the case proceeds to court.

Example: A tenant is injured in an apartment fire due to faulty smoke detectors. The landlord refuses to settle, so the case goes to trial, where a jury awards the tenant $3 million.

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Step 5: Going to Trial

If the insurance company refuses to offer fair compensation, your attorney will take the case to trial.

What Happens at Trial?

1. Opening Statements – Attorneys present their arguments.
2. Presentation of Evidence – Includes photos, medical records, and safety violations.
3. Witness Testimony – Experts, eyewitnesses, and the victim testify.
4. Closing Arguments & Jury Verdict – The jury determines fault and awards damages.

Most premises liability cases settle before trial, but having an experienced trial attorney increases leverage in negotiations.

Example: A shopping mall security guard fails to prevent an assault. The victim’s attorney presents crime reports proving a history of similar incidents at the location, leading to a $1.5 million jury verdict.

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Step 6: Collecting Compensation

If you win your case or reach a settlement, the property owner (or their insurance company) will pay compensation for your damages.

Types of Compensation You Can Receive:

• Medical Bills – Covers current and future treatment costs.
• Lost Wages – Compensates for income lost due to the injury.
• Pain & Suffering – Includes physical pain and emotional distress.
• Disability & Permanent Injuries – Accounts for long-term impact on quality of life.
• Punitive Damages – Additional compensation if the property owner acted recklessly.

Example: A San Diego landlord ignores tenant complaints about a collapsing balcony. The balcony finally gives way, causing a severe spinal cord injury. The tenant receives $22 million in compensation for medical expenses, lost wages, and pain and suffering.

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How Hulburt Law Firm Can Help You

At Hulburt Law Firm, we know how to prove liability, fight insurance companies, and maximize compensation for premises liability victims in San Diego. Attorney Conor Hulburt has recovered millions of dollars in compensation for victims of unsafe conditions. He has taken on property owners, managers, HOAs, businesses, corporations and insurance companies – and won. You can learn more about our approach to premises liability cases and some of our past results at San Diego Premises Liability Attorney.

Why Choose Us?

• Extensive experience handling catastrophic injury cases
• Aggressive negotiators & trial lawyers – We don’t settle for lowball offers
• Proven track record of winning large settlements and judgments
• 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

If you were injured due to dangerous property conditions, call Hulburt Law Firm today for a free consultation. We’ll fight for the justice you deserve—because The Truth Demands Justice.

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Related Content:

• Proving Liability in Premises Liability Cases in San Diego

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