San Diego Premises Liability Lawyer

San Diego is known for its beautiful beaches, world-class attractions and vibrant neighborhoods like the Gaslamp Quarter and La Jolla. However, whether you’re visiting a local business, staying at a hotel, or enjoying a day at a local amusement park, accidents can happen. When injuries occur due to unsafe conditions on someone else’s property, you may be able to file a premises liability claim.

If you or a loved one were seriously injured on someone else’s property due to unsafe conditions, call The Dominguez Firm for a free consultation today at (800) 818-1818. Please keep reading for more information on San Diego premises liability accidents and your rights if you’re injured in one.

What Is Premises Liability?

Premises liability is an area of personal injury law. It focuses on a property owner’s legal responsibility to maintain a safe environment for visitors. If hazardous conditions exist and lead to an injury, the property owner or manager may be held liable. Premises liability covers multiple types of accidents, including slips and falls, swimming pool accidents, negligent security and more.

The Five Elements of Negligence
To prove negligence in a premises liability case, five elements must typically be established:

• Duty: The property owner owed a duty of care to the injured party.
• Breach: The property owner breached this duty by failing to maintain safe conditions.
• Cause in Fact: The breach directly caused the injury.
• Proximate Cause: The injury was a foreseeable result of the breach.
• Damages: The injured party suffered actual damages.

Common Types of Premises Liability Accidents

Slip and Fall Accidents

Slip and fall accidents are among the most common premises liability claims. Wet floors, uneven pavement, poor lighting, or missing handrails can cause serious injuries. Older adults are particularly vulnerable—according to the CDC, falls are the leading cause of injury-related deaths for adults aged 65 and older. A slip and fall at a shopping center like the Fashion Valley Mall or a grocery store in Hillcrest could have life-altering consequences.

Swimming Pool Accidents

San Diego’s warm weather means public and residential swimming pools are popular, but they also pose risks. Drownings, slips and falls, and diving injuries can occur due to inadequate supervision, missing pool covers, or defective drains. Communal pools, including those in hotels and apartment complexes, as well as municipal pools, must adhere to strict safety regulations.

Negligent Security

Property owners have a duty to provide adequate security. If a hotel, stadium, or nightclub fails to prevent foreseeable crimes due to poor lighting, broken locks, or lack of security personnel, they may be held responsible for assaults, robberies, or other violent incidents.

Dog Bites

Overall, San Diego is very dog-friendly. Nonetheless, dog owners must be aware of their legal responsibilities. When dog bites occur on private property or in public areas where the owner is responsible for their pet’s conduct, these incidents fall under premises liability law.

This legal framework applies to popular dog-friendly locations such as Dog Beach in Ocean Beach, where dogs are allowed off-leash 24 hours a day. Another notable dog-friendly area is Fiesta Island in Mission Bay Park. While these spaces offer freedom for dogs to roam and play, owners must remain vigilant and maintain control over their pets to prevent incidents.

In most situations, the dog owner bears the main legal responsibility for their pet’s actions. This highlights the importance of responsible pet ownership and adherence to local regulations, even in environments tailored to dogs. 

Other Types of Premises Liability Accidents

These can include:

Elevator accidents: Malfunctions can lead to sudden dangerous drops, doors closing unexpectedly, or uneven floors.

Structural failures can cause severe harm to occupants or visitors. An example would be a poorly maintained staircase and railing. 

Falling objects are particularly common in retail environments and construction sites.

Toxic exposure: This can happen when property owners fail to address hazardous substances like asbestos, mold, or harmful chemicals, leading to health issues for those exposed.

Causes of Premises Liability Accidents

Many premises liability accidents stem from negligence, including:

• Wet or slippery floors
• Uneven sidewalks or flooring
• Poor lighting
• Faulty stairs or handrails
• Lack of security or supervision
• Unmarked hazards (e.g., construction zones, spills)
• Inadequate or no pool fencing

Common Injuries in Premises Liability Cases

Premises liability accidents can cause:

• Broken bones
• Head and traumatic brain injuries (TBIs)
• Spinal cord injuries
• Cuts and lacerations
• Burns
• Drownings
• Death

What to Do If You Are Injured on Someone’s Property

If you are injured due to unsafe conditions, take these steps:

• Report the accident – Inform the San Diego property owner, store manager, or landlord immediately.
• Document the scene – Take photos of the hazard, your injuries, and the surrounding area.
• Gather witness information – If anyone saw the accident, get their contact details.
• Seek medical attention – Even if injuries seem minor, see a doctor to document your condition.
• Keep records – Save medical bills, reports, and any communication with the property owner.
• Consult a premises liability attorney immediately – A personal injury lawyer with experience handling premises liability accident claims can assess your case and guide you through the legal process.

Who Are the Most Common Premises Liability Case Defendants?

Property owners are most often held accountable, but the list of potential defendants may extend beyond the owners. The complexity of these cases underscores the importance of having an experienced premises liability attorney by your side to ensure all responsible parties are included. Some of the possible defendants in a premises liability case can include one or more of the following:

• Property Owners: Primary duty to maintain safe conditions
• Tenants: May be liable for areas under their control
• Property Managers: Responsible for maintenance and addressing hazards
• Business Operators: Can be liable in commercial settings
• Landlords: May be responsible for common areas or known dangers
• Contractors/Maintenance Companies: If their negligence contributed to the hazard

Can Trespassers Sue for Damages?
Generally, property owners owe a lower duty of care to trespassers than to guests or customers. However, in California, even trespassers may have some legal rights in certain circumstances. For example, if a property owner knows that trespassers frequently enter their property but they fail to address a known hazard, they might be held liable if a trespasser is injured.

While trespassing is illegal and discouraged, property owners still have some responsibility to prevent foreseeable harm.

What if the Person Trespassing is a Child?

When it comes to children, the law provides special protections, particularly through the “attractive nuisance” doctrine. This doctrine recognizes that minors may not fully understand the risks associated with certain property features that could attract them, such as swimming pools, trampolines, or abandoned structures.

Under California law, property owners have a higher duty of care towards child trespassers. While the law doesn’t specify a precise age cutoff, it generally applies to minors under 18, with considerations varying based on the child’s age and maturity level. For example, a property owner’s duty might be higher for a 3-year-old compared to a 14-year-old, as the older child may have a better understanding of risks.

Property owners must take reasonable precautions to prevent harm to children who might be drawn to potentially dangerous features, such as a pool, on their property. This is based on the principle that children, due to their age and lack of experience, may not fully appreciate the risks involved.

For a property owner to be held liable for injuries to a child trespasser, several elements must typically be proven:

• The owner knew or should have known that children were likely to trespass.
• The property contained a condition that posed an unreasonable risk of harm to children.
• Due to their age, the children could not recognize or appreciate the danger.
• The benefit of maintaining the condition was slight compared to the risk it posed to children.
• The owner failed to exercise reasonable care to eliminate the danger or protect the children.

It’s important to note that while this doctrine provides more protection for child trespassers, it doesn’t completely absolve children or their guardians of responsibility. The specific circumstances of each case, including the child’s age and the nature of the hazard, will be considered in determining liability.

Compensation in Premises Liability Cases
If you’re injured in a premises liability accident, you may be entitled to several types of compensation:

Economic damages compensate you for the economic impact of your premises liability accident. They generally include, but are not limited to the following damages:

• Current and future medical bills related to your accident including
  • Emergency room bills
  • Surgery
  • Consultations with specialists
  • Physical therapy
  • Rehabilitation
  • Prescriptions
  • Mental health counseling
  • In home care
• Lost wages
• Loss of earning capacity
• Property damage

For instance, if you slip and fall at a store and require surgery, your economic damages would include all medical bills related to your accident and any wages lost during your recovery.

Non-economic damages compensate you for the emotional losses you’ve suffered due to your injury. They can include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium

For instance, if your injury prevents you from walking your dog on the beach or participating in a hobby you used to enjoy, this would be considered non-economic damages for loss of enjoyment of life.

Note that California places no limits as to how much can be awarded in non-economic damages, making it the largest portion of a plaintiff’s compensation.

Punitive Damages
In rare cases involving extreme negligence or intentional misconduct, punitive damages may be awarded. These are rarely given and are meant to make an example of the defendant and deter similar behavior in the future.

Government Property: A Different Set of Rules
Premises liability cases involving government property, such as San Diego’s many parks or public buildings, follow different rules. Generally, an injured person has just six months to file their claim if they are injured on government property.

This deadline is much shorter than the standard two-year statute of limitations for most personal injury cases in California. But there are exceptions. This time limit is suspended when the injured party is a minor under the age of 18 or someone who is active military personnel. It’s best to consult with a premises liability attorney to see if a personal injury claim can be filed.

Call the Experienced Premises Liability Lawyers at The Dominguez Firm Today

Premises liability cases in San Diego can be complex, involving various factors from the specific location of the accident to the status of the injured party on the property. Whether you’ve been injured in a slip and fall at Seaport Village, a pool accident at someone’s home, or any other incident on someone else’s property, it’s crucial to understand your rights and the potential for compensation.

Remember, each case is unique, and the outcome depends on the specific circumstances surrounding the accident. If you’ve been injured on someone else’s property in San Diego, call The Dominguez Firm for a free consultation at (800) 818-1818 today. Our litigation attorneys can guide you through the legal process and help you seek the compensation you deserve.