When a hazardous condition on someone else’s property causes a serious injury, the consequences can affect your life in costly ways for months or years. California law holds property owners responsible for maintaining reasonably safe premises, and when they fall short of that obligation, injured visitors have the right to pursue compensation.
If you were hurt on someone else’s property in San Diego, Kevin Lemieux and the team at The Law Office of Kevin Lemieux, APC, are ready to evaluate your situation. Call (619) 488-6767 or contact us online to schedule your free consultation with a San Diego premises liability lawyer.
Why Clients Across San Diego Choose The Law Office of Kevin Lemieux, APC
Kevin Lemieux has been handling personal injury claims in San Diego County since 2003. What separates his practice from most is a genuine willingness to take cases to trial when insurance companies refuse to offer fair compensation, at a time when many practitioners settle every case before a jury ever hears it. Clients get direct access to an attorney who prepares every file as if it will be decided in a courtroom.
When you bring a premises liability claim to this office, the approach includes:
- Investigation of the accident scene and the hazardous condition that caused the injury
- Identification of all parties who owned, controlled, or maintained the property
- Collection of surveillance footage, maintenance logs, and inspection records
- Consultation with medical and safety experts to establish the nature and extent of harm
- Negotiation with property owners and their insurers
- Trial preparation and courtroom representation when a settlement offer is not a fair resolution
What Is Premises Liability?
Premises liability is the area of California law that holds property owners and occupiers responsible when someone is injured because of an unsafe condition on their property. Under California Civil Code § 1714, every person is responsible for injuries caused by their failure to exercise ordinary care, including in the management of their property. In practical terms, this means property owners have an ongoing obligation to identify hazards, make repairs, and warn visitors about dangerous conditions they cannot immediately fix.
Types of Premises Liability Accidents in San Diego
Premises liability cases arise from a wide range of conditions and locations. The cause of each accident often points directly to a property owner’s failure to maintain safe conditions. Common accident types handled in San Diego County include:
- Slip and fall: Wet floors, spilled liquids, polished surfaces, and loose rugs cause falls in stores, restaurants, and hotel lobbies.
- Trip and fall: Cracked sidewalks, uneven flooring, exposed cables, and broken stairs create hazards in commercial and residential properties alike.
- Inadequate security: Poorly lit parking areas, broken locks, and absent security measures can contribute to assaults and other crimes where the risk was foreseeable.
- Swimming pool accidents: Missing fencing, broken gates, slippery pool decks, and absent depth markers can lead to drowning or serious injury.
- Dog bites: Property owners who keep aggressive animals without proper restraints or warnings may face liability when a visitor is attacked.
- Elevator and escalator accidents: Faulty equipment, sudden stops, and gaps between floors can cause falls, crush injuries, and entrapment in commercial buildings.
- Toxic exposure: Mold, lead paint, asbestos, and chemical spills can cause serious illness when owners fail to address contamination on their property.
Who Can Be Held Liable?
In California, property owners and occupiers are responsible for injuries that result from negligence on their premises. Cases filed in San Diego County Superior Court often involve disputes over who controlled the property and who had responsibility for fixing the hazard. Multiple parties may share liability, depending on the circumstances:
- Property owners
- Property management companies
- Tenants and leaseholders
- Business operators
- Maintenance and janitorial contractors
- Security companies
- Government entities responsible for public property
What Damages Can You Recover?
Injured visitors can seek compensation for both economic and non-economic losses. Under California Civil Code § 3333, the measure of damages for a tort claim is the amount that compensates for all harm proximately caused by the defendant’s negligence. Recoverable losses in a premises liability case can include medical bills and future treatment costs, lost wages and reduced earning capacity, pain and suffering, emotional distress, scarring, disfigurement, and permanent disability, loss of enjoyment of life, and property damage.
What If You Were Partly at Fault for Your Injury?
California follows a pure comparative fault rule, which means you can still recover compensation even if you were partially responsible for your own injury. Under this system, your total damages are reduced by your percentage of fault, but your claim is not barred entirely. For example, if you were found 20% at fault for not paying attention to a visible warning sign, you could still recover 80% of your total damages. Insurance companies often try to inflate a claimant’s share of fault to reduce what they pay out. Kevin Lemieux prepares every case for trial, which puts him in a stronger position to push back when an insurer’s fault allocation is not supported by the evidence.
FAQ: Premises Liability Claims in San Diego
What Is the Statute of Limitations for a Premises Liability Claim in California?
Under California Code of Civil Procedure § 335.1, you have two years from the date of your injury to file a premises liability lawsuit. Missing this deadline will almost certainly result in the court dismissing your case and the permanent loss of your right to pursue compensation. Claims involving government-owned property are subject to shorter administrative deadlines under the California Tort Claims Act, often requiring a government claim to be filed within six months of the incident.
What Do You Need to Prove in a California Premises Liability Case?
A premises liability claim requires establishing four elements: that the property owner owed you a duty of care, that they breached that duty by allowing a hazardous condition to exist, that the hazard directly caused your injury, and that you suffered actual damages as a result. All four must be established to succeed on the claim.
Does Insurance Cover Premises Liability Claims?
Most standard homeowners’ insurance policies include liability coverage for injuries to visitors on a residential property, and many commercial general liability policies provide similar coverage for businesses. Coverage limits vary significantly by policy type, and certain exclusions may apply depending on the nature of the hazard or the circumstances of the accident. Business owners may also carry umbrella policies that provide additional coverage beyond the base liability limit.
Contact Our Premises Liability Attorneys at The Law Office of Kevin Lemieux, APC
A premises liability injury can leave you managing medical treatment, lost income, and an uncertain recovery all at once. The evidence that supports your claim can disappear quickly, and the deadline to file in California is firm. Do not wait to call Kevin Lemieux at The Law Office of Kevin Lemieux, APC. Reach us at (619) 488-6767 or contact us online to schedule a free consultation with a San Diego premises liability attorney.
When a hazardous condition on someone else’s property causes a serious injury, the consequences can affect your life in costly ways for months or years. California law holds property owners responsible for maintaining reasonably safe premises, and when they fall short of that obligation, injured visitors have the right to pursue compensation. 
Premises liability is the area of California law that holds property owners and occupiers responsible when someone is injured because of an unsafe condition on their property. Under
In California, property owners and occupiers are responsible for injuries that result from negligence on their premises. Cases filed in 
Injured visitors can seek compensation for both economic and non-economic losses. Under
