Proving Liability in Premises Liability Cases in San Diego

When you’re injured on someone’s property due to hazardous conditions, proving liability is essential to recovering compensation for your medical expenses, lost income, and pain and suffering. However, property owners and insurance companies often deny responsibility, making it crucial to build a strong case with solid evidence.

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At Hulburt Law Firm, our experienced trial attorneys, Conor and Leslie Hulburt, specialize in premises liability cases in San Diego. We understand what it takes to hold negligent property owners accountable and secure maximum compensation for our clients. Below, we break down the key steps in proving liability in a premises liability claim.

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Key Elements of a Premises Liability Claim

To hold a property owner responsible for your injuries, you must establish four key elements of negligence:

1. Duty of Care – The property owner had a legal obligation to maintain a safe environment.
2. Breach of Duty – The owner failed to fix or warn about a hazardous condition.
3. Causation – The negligence directly caused your injury.
4. Damages – You suffered actual harm, such as medical expenses, lost wages, or pain and suffering.

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

If all four elements are proven, you may be entitled to significant compensation.

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How to Prove Liability in a Premises Liability Case

1. Collecting Physical Evidence from the Scene

Immediately after an accident, documenting the scene is crucial before the hazard is repaired or removed.

Types of Physical Evidence to Collect:

• Photographs and Videos – Capture images of the hazardous condition (such as a wet floor, broken stairs, or poor lighting).
• Accident Scene Conditions – Document details like weather, lighting, and surroundings (especially if the hazard was temporary, like spilled liquid).
• Damaged Personal Items – If your clothing, shoes, or belongings were damaged, keep them as evidence.
• Security Camera Footage – Request video recordings from nearby businesses, apartment complexes, or public spaces.

Example: A grocery store customer slips on a spilled drink, with no warning signs in place. They take photos of the spill, and store security footage shows employees ignoring it for 30 minutes—clear evidence of negligence.

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2. Gathering Witness Testimony

Eyewitnesses can strengthen your claim and counter false statements from the property owner.

Key Witnesses Include:

• Bystanders who saw the accident occur
• Employees or tenants familiar with the hazardous condition
• First responders (police, paramedics) who documented the scene

Example:
A tenant in an apartment building falls down a dark stairwell due to a broken light fixture. A neighbor testifies that the landlord was informed about the broken light weeks earlier but failed to repair it.

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3. Reviewing Property Maintenance Records

A property owner’s failure to maintain safe conditions can often be proven through inspection and repair records.

Important Documents Include:

• Inspection logs showing that the unsafe condition should have been repaired
• Maintenance logs showing that repairs were delayed or ignored
• Previous complaints from tenants or customers
• Building code violations proving the owner ignored safety regulations

Example: A shopping mall escalator suddenly stops, injuring multiple people. Maintenance records reveal that the escalator hadn’t been inspected for two years, despite state safety regulations requiring annual maintenance.

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“Rhetoric is cheap, evidence comes more dearly.” – John Fund

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4. Consulting Expert Witnesses

Expert testimony can strengthen your case by explaining safety standards, medical injuries, and accident causes.

Types of Expert Witnesses:

• Property Managers – Explain how the property owner fell below the standard of care.
• Safety Inspectors – Explain how the property owner violated safety codes.
• Medical Experts – Confirm that the injury resulted from the accident.
• Accident Reconstruction Specialists – Use forensic analysis to prove how the accident happened.

Example: A construction worker falls from unstable scaffolding. A safety expert testifies that the scaffolding failed to meet OSHA regulations, proving the site manager’s negligence.

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5. Proving the Property Owner Had “Notice” of the Hazard

To establish liability, you must show that the property owner knew—or should have known—about the dangerous condition and failed to address it.

Types of Notice:

• Actual Notice – The owner was directly aware of the hazard (for example, an employee reported a broken stair, but no repairs were made).
• Constructive Notice – The hazard existed for long enough that the owner should have known about it (for example, a large pothole in a parking lot that remained for months).

Example: A restaurant patron trips on a torn carpet near the entrance. The restaurant manager admits that the carpet had been frayed for over a year but was never replaced—clear proof of constructive notice.

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6. Demonstrating the Victim’s Damages

To recover compensation, you must prove the financial and personal losses caused by the accident.

Key Evidence for Damages:

• Medical records and hospital bills
• Pay stubs and tax returns (to prove lost wages)
• Receipts for out-of-pocket expenses
• Photographs and video of the victim taken before and after the injury

Example: A hotel guest fractures their spine after slipping on an unmarked wet floor. Their attorney presents:

• $450,000 in hospital and rehab bills
• Testimony from doctors explaining the injury, treatment, and long term prognosis
• Testimony from vocational, life care, and economist experts describing future losses and needs
• Photographs and video documenting the injury, recovery process, and present condition
• Testimony from family, friends, and co-workers discussing the impact of the injury on the victim’s life

This type of evidence supports a high-value injury claim.

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Challenges in Proving Liability & How an Attorney Can Help

Common Defenses Used by Property Owners:

• Blaming the victim – Claiming you were careless or not paying attention
• Denying knowledge of the hazard – Arguing they weren’t aware of the danger
• Claiming the hazard was “open and obvious” – Stating you should have seen it and avoided it

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How a Premises Liability Attorney Helps:

• Conducts a thorough investigation and gathers critical evidence
• Works with expert witnesses to prove negligence
• Counters insurance company tactics that minimize payouts
• Takes the case to trial if necessary

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How Hulburt Law Firm Can Help You

If you’ve suffered an injury due to unsafe conditions on someone else’s property, you need an experienced attorney to prove liability and maximize your compensation. Conor Hulburt has represented serious injury victims in premises cases involving unsafe stairs, second story windows, railings, backyards, unfenced ponds, potholes, and more. Our team will uncover the evidence essential to proving your claim, and use it to craft a compelling story of the property owner’s negligence and your damages. 

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Why Choose Hulburt Law Firm?

• Decades of experience handling complex premises liability cases
• Aggressive legal representation – We take on property owners and insurance companies
• No upfront fees – You only pay if we win your case
• Proven track record of winning high-value settlements and verdicts

Learn more about our approach to premises liability cases at San Diego Premises Liability Attorney.

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

If you were injured due to unsafe property conditions, don’t wait. Critical evidence needs to be preserved, so taking action quickly is crucial.

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:

• Liability Insurance Coverage for Injuries on Someone Else’s Property
• Legal Process for Premises Liability Claims in San Diego

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