Premises Liability Laws in San Diego: What You Need to Know

Premises liability laws in San Diego and throughout California hold property owners responsible for maintaining safe conditions on their premises. When they fail to do so, and someone gets hurt as a result, the injured party may be entitled to compensation.

At Hulburt Law Firm, we are dedicated to seeking justice for those harmed due to unsafe conditions. Below, we’ll break down premises liability laws, the responsibilities of property owners, and what you should do if you’ve been injured.

‍

What Is Premises Liability?

Premises liability is a legal concept that holds property owners, landlords, and businesses accountable when their negligence causes harm to visitors. These cases can arise from various hazardous conditions, including:

• Slip and fall accidents (wet floors, uneven surfaces, poor lighting)
• Trip hazards (loose carpeting, cracked sidewalks, cluttered walkways)
• Inadequate security (leading to assaults, robberies, or attacks)
• Dog bites and animal attacks
• Swimming pool accidents
• Elevator or escalator malfunctions
• Structural defects (collapsing ceilings, broken stairs, faulty railings)

If a property owner fails to address these dangers or warn visitors about them, they may be held legally responsible for injuries that occur as a result.

‍

‍

Property Owner Responsibilities Under California Law

Under California Civil Code section 1714, property owners have a legal duty to keep their premises in a reasonably safe condition.

Everyone is responsible, not only for the result of his or her willful acts, but also for any injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person. - California Civil Code section 1714(a).

This applies to:

• Homeowners
• Business owners
• Landlords and apartment complexes
• Retail stores and shopping malls
• Hotels and resorts
• Government properties (though special rules apply)

Under section 1714, landowners owe a duty to exercise ordinary care in managing their property in light of the foreseeability of injury to others. (Rowland v. Christian (1968) 69 Cal.2d 108, 119.)

‍

Liability is Based on Ordinary Principles of Negligence Rather than the Entrant’s Status

In the past, a landowner’s responsibility depended on the type of visitor, including invitees, licensees, and trespassers:

1. Invitees: These were individuals invited onto a property for business purposes (e.g., customers in a store). Property owners owed the highest duty of care to invitees.
2. Licensees: These were social guests or others who entered a property with permission but not for business purposes. Owners were required to warn licensees about known dangers that may not be immediately obvious.
3. Trespassers: Property owners generally did not owe a duty of care to trespassers. However, if a property had an “attractive nuisance” (such as an unsecured swimming pool), the owner could be liable for injuries to children who trespassed.

Today, premises liability is not based on the type of visitor, but rather, ordinary principles of negligence under section 1714. (Hoffmann v. Young (2022) 13 Cal.5th 1257, 1267.) “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.)

‍

Proving a Premises Liability Claim in San Diego

To hold a property owner accountable, you must prove the following elements:

1. The defendant owned, leased, occupied, or controlled the property: The person responsible for maintaining the property can be held liable.
2. They were negligent in the use or maintenance of the property: This means they knew or should have known about a hazardous condition but failed to fix it or warn visitors.
3. Their negligence caused your injury: There must be a clear link between the unsafe condition and the injuries sustained.
4. You suffered damages: These can include medical bills, lost wages, pain and suffering, and other financial or emotional losses. Learn more about compensation for premises liability victims in San Diego.

(Judicial Council of California Jury Instruction 1000.)

‍

Comparative Fault in San Diego Premises Liability Cases

California follows a pure comparative negligence system, which means that even if you were partially at fault for your injury, you can still recover damages — your award is simply reduced by your percentage of responsibility. (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804.)

In premises liability cases, property owners frequently argue that the injured visitor shares blame. Common defenses include claiming the visitor was distracted by a phone, ignored posted warning signs, wore inappropriate footwear, or entered an area that was obviously hazardous. Under comparative fault, a jury assigns a percentage of responsibility to each party.

For example, if a jury finds that a grocery store was 70% at fault for failing to clean up a spill and the customer was 30% at fault for not watching where they walked, the customer’s damages award is reduced by 30%. On a $100,000 verdict, the customer would recover $70,000. Importantly, California’s pure comparative negligence rule means that even a visitor found 90% at fault can still recover 10% of their damages — unlike states that follow a modified system where any fault above 50% bars recovery entirely.

This is why working with an experienced premises liability attorney matters. A skilled attorney can counter comparative fault arguments by demonstrating that the property owner had superior knowledge of the hazard, that warning signs were inadequate, or that the dangerous condition was not reasonably discoverable by the visitor. Understanding how insurance coverage applies in these cases can also affect the strategy for maximizing your recovery.

‍

Steps to Take If You Are Injured on Someone Else’s Property

If you suffer an injury due to unsafe conditions, take the following steps to protect your rights:

• Seek medical attention: Your health comes first. Even if you feel okay, some injuries may not be immediately apparent.
• Document the scene: Take photos or videos of the hazardous condition that caused your injury.
• Report the incident: Inform the property owner, manager, or landlord. If you were injured in a store, restaurant, or hotel, ask for a written incident report.
• Gather witness information: If anyone saw the accident, collect their contact details.
• Keep records: Save medical bills, receipts, and any communication regarding your injury.
• Speak with a premises liability attorney: An experienced premises liability lawyer can help you determine if you have a valid claim and fight for the compensation you deserve.

‍

Statute of Limitations for Premises Liability Claim

The statute of limitations for premises liability cases in California is generally two years from the date of injury. (California Code of Civil Procedure section 335.1.)

But there are exceptions that can shorten or extend the statute. For example, claims against a government entity, like a city, county, or publicly owned property, must be filed within 6 months of the injury. (California Government Code section 945.6(a)(1).)

Consult with an attorney to ensure your claim is timely filed and critical evidence is preserved.

‍

‍

How Hulburt Law Firm Can Help

Premises liability cases can be complex, requiring strong evidence and skilled legal representation. At Hulburt Law Firm, our award-winning San Diego premises liability attorneys, Conor and Leslie Hulburt, have a proven track record of holding negligent property owners accountable.

Why Choose Us?

• Decades of experience handling serious injury and wrongful death cases
• Track record of success achieving life-changing results in premises liability cases.
• Client-focused advocacy: We listen to your story and fight for your best interests
• No upfront fees: We work on a contingency basis, meaning you don’t pay unless we win

‍

Injured Due to Unsafe Property Conditions? Contact Us Today

If you’ve been hurt on someone else’s property in San Diego, contact Hulburt Law Firm today for a free consultation. Call (619) 821-0500. The Truth Demands Justice.

‍

Related Content:

• San Diego Premises Liability Attorney
• Types of Premises Liability Cases in San Diego
• Proving Liability in Premises Liability Cases
• Compensation for Premises Liability Victims
• Common Injuries in Premises Liability Cases
• The Role of Premises Liability Attorneys in California
• Liability Insurance Coverage for Injuries on Someone Else’s Property
• Legal Process for Premises Liability Claims in San Diego

‍