Negligence in Premises Liability Cases: When Property Owners Fail to Keep You Safe

Property owners in San Diego have a legal duty to maintain safe conditions for visitors and guests. When they fail to uphold this responsibility, serious injuries can happen. Whether it’s an unsafe stairway, inadequate security, or an unfenced pool, property owner negligence can lead to devastating consequences.

At Hulburt Law Firm, our experienced San Diego premises liability attorneys, Conor and Leslie Hulburt, fight for victims injured due to dangerous conditions on someone else’s property. Below, we discuss the most common forms of negligence in premises liability cases and what victims can do to seek justice.

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What Is Negligence in a Premises Liability Case?

Negligence occurs when a property owner or manager fails to act reasonably, resulting in unsafe conditions that cause harm. Under California Civil Code section 1714, property owners are responsible for injuries that occur when they:

• Fail to maintain their property
• Ignore known hazards
• Do not provide warnings about dangers
• Lack proper security measures to prevent foreseeable crimes

If an injury occurs due to a property owner’s failure to take reasonable precautions, they can be held legally responsible.

Under California law, “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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Common Forms of Negligence in Premises Liability Cases

1. Failure to Repair Defective or Dangerous Conditions

Property owners must fix hazards that could cause injuries. If they ignore known problems, they may be held liable.

Examples of Negligent Maintenance:

• Broken stairs or handrails – Leading to dangerous falls
• Uneven sidewalks or flooring – Tripping hazards for pedestrians
• Leaks and wet floors – Slip and fall risks in businesses and homes
• Faulty elevators or escalators – Sudden stops, drops, or entrapment injuries
• Unsafe electrical wiring – Fire and electrocution hazards
• Inadequate inspections - Failure to periodically check for hazards

Example Case: A shopping mall owner fails to fix a broken handrail in a stairwell. A customer leans on it, falls, and suffers a spinal cord injury. The mall owner knew or should have known about the problem but failed to repair it, making them liable for the injury.

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2. Inadequate Security Leading to Assaults or Crimes

Property owners must provide reasonable security to prevent foreseeable crimes, especially in areas known for criminal activity.

Examples of Negligent Security:

• Broken or missing security cameras – Preventing crime detection
• Lack of security guards in high-crime areas – Leaving visitors vulnerable
• Poor lighting in parking lots or stairwells – Increasing the risk of attacks
• Faulty door locks in apartment complexes or hotels – Allowing unauthorized entry

Example Case: A woman is attacked in an apartment complex parking lot that lacked security cameras and proper lighting despite previous reports of similar crimes. The property owner failed to improve security, making them liable for negligence.

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When property owners favor profits over safety by skimping on routine maintenance, inspections, fences, or security measures, unsafe conditions are more likely to arise.  

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3. Failure to Warn About Known Hazards

If a property owner knows about a dangerous condition but cannot immediately fix it, they must provide a clear warning to prevent injuries.

Examples of Failure to Warn:

• No “Wet Floor” signs after mopping in a store
• No warning about loose carpeting in a hotel hallway
• Failing to notify tenants about broken staircases

Example Case: A restaurant mops its floors but fails to place a warning sign. A customer slips and fractures their hip. The restaurant knew the floor was slippery but did not warn customers, making them liable for the injury.

4. Negligent Supervision of Employees or Contractors

Property owners must ensure their staff and contractors follow proper safety protocols. If an employee’s carelessness leads to an injury, the business can be held responsible.

Examples of Negligent Supervision:

• Hotel staff failing to clean up broken glass in a common area
• Construction workers leaving equipment in public walkways
• Amusement park employees failing to secure ride safety harnesses

Example Case: A janitor at an office building leaves a mop and bucket in a dark hallway, causing a worker to trip and suffer a concussion. The building management is responsible because they failed to supervise staff and enforce safety rules.

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5. Unsafe Conditions in Rental Properties (Landlord Negligence)

Landlords must keep rental properties safe for tenants and guests. If they ignore dangerous conditions, they may be liable for injuries.

Examples of Landlord Negligence:

• Faulty smoke detectors – Leading to injuries in a fire
• Unstable balconies or railings – Causing falls from heights
• Infestations (mold, bedbugs, rats) – Leading to serious health issues
• Broken locks or doors – Increasing the risk of burglaries and assaults

Example Case: A tenant reports a leaking ceiling in their apartment. The landlord ignores the complaint until the ceiling collapses, injuring the tenant. The landlord is liable for failing to fix the known hazard.

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Proving Negligence in a Premises Liability Case

To hold a property owner accountable, an injured victim must prove:

1. The property owner had a duty of care – They were responsible for keeping the area safe.
2. They failed to fulfill that duty – They ignored or failed to fix dangerous conditions.
3. The negligence directly caused the injury – The hazard led to an accident.
4. The victim suffered damages – Medical bills, lost wages, pain and suffering, etc.

(Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1159; Judicial Council of California Civil Jury Instruction No. 1000.)

Example Case: A hotel knew about a faulty elevator but delayed repairs. A guest is injured when the elevator suddenly drops. The hotel’s failure to act is negligence.

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What to Do If You’re Injured Due to Property Owner Negligence

If you’ve been injured due to unsafe conditions, take these steps to protect your legal rights:

• Seek medical attention – Even if you feel fine, some injuries worsen over time.
• Document the scene – Take photos/videos of the hazard that caused your injury.
• Report the incident – Notify the property owner, manager, or landlord.
• Gather witness statements – If others saw the accident, collect their contact info.
• Keep medical records and expenses – Proof of injuries and costs strengthens your claim.
• Contact an attorney – An experienced attorney can help determine if you have a valid claim and fight for fair compensation.

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How Hulburt Law Firm Can Help

At Hulburt Law Firm, we have extensive experience with premises liability cases in San Diego. Our award-winning attorneys, Conor and Leslie Hulburt, have taken on property owners and managers, businesses, associations, and government entities. We help serious injury victims recover full and fair compensation for their harms and losses.

Why Choose Us?

• Extensive experience in serious injury cases
• Proven track record of extraordinary results in premises liability cases
• Aggressive trial attorneys who don’t back down against insurance companies
• Personalized legal representation – We fight for you like family
• No upfront fees – We only get paid if we win your case

Learn more about our approach to dangerous property condition cases by visiting our San Diego Premises Liability Attorney page.

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Injured Due to Property Owner Negligence? Call for a Free Consultation Today

If you were injured due to a negligent property owner in San Diego, you may be entitled to compensation. Don’t wait—the California statute of limitations for premises liability cases is typically two years, so act quickly.

Contact 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:

• Duty of Care for Property Owners in San Diego
• What Is an Attractive Nuisance in California?
  

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