San Diego · Practice Area
San Diego Slip and Fall Lawyer
Khashayar Law Group represents people seriously injured in slip-and-fall, trip-and-fall, and other premises liability incidents throughout San Diego County. Published results include a $4.5 million verdict against the City of San Diego in a trip-and-fall / TBI case and a separate $3.25 million slip-and-fall settlement. Past results do not guarantee future outcomes.
Khashayar Law Group is a San Diego premises liability firm representing slip-and-fall, trip-and-fall, and dangerous-condition victims under California Civil Code §1714 and Government Code §835. ABOTA-member trial counsel with a $4.5M Brownlee public-entity verdict.
California Premises Liability — The Legal Framework
Slip-and-fall and trip-and-fall cases in California fall under two related liability frameworks depending on where the fall occurred:
- Private property — California Civil Code §1714. Property owners and possessors owe a duty of reasonable care to maintain their property in a reasonably safe condition. The plaintiff must prove the defendant knew or should have known of the dangerous condition.
- Public property — California Government Code §835. Public entities are liable for injury caused by a dangerous condition of public property if the condition created a foreseeable risk, the entity had actual or constructive notice, and the entity failed to take reasonable measures to fix the condition or warn of it.
Deadlines — California Slip-and-Fall
- CCP §335.1 — two years from the date of the fall for personal injury claims against private property owners.
- Government Code §911.2 — six months for public-entity claims (sidewalks, public buildings, public transit, schools, City of San Diego property, Caltrans property). Missing this deadline almost always bars the suit.
- CCP §338 — three years for property damage only.
Common San Diego Slip and Fall Locations
- Grocery stores, big-box retailers, and shopping malls;
- Restaurants and bars (including Gaslamp, Pacific Beach, and Little Italy nightlife);
- Hotels and resort properties;
- Apartment complexes and HOAs;
- Public sidewalks (subject to City of San Diego maintenance responsibility);
- Parking lots, parking garages, and stairwells;
- Construction zones and dangerous workplace conditions;
- Public buildings and government facilities.
Evidence in San Diego Premises Liability Cases
- Photographs of the dangerous condition at the time of the fall (lighting, lean, water, debris, depth of trip hazard);
- Surveillance video from the property (must be requested via preservation letter immediately);
- Incident report from the property manager or business;
- Witness names and contact information;
- Prior complaints, maintenance records, and inspection logs (often obtained in discovery);
- Photographs of the exact location showing measurement of the hazard;
- Medical records and bills;
- Footwear worn at the time of the fall (may be relevant to defenses).
Liable Parties
- The property owner;
- The business or tenant in possession;
- Property management companies;
- Maintenance contractors hired for cleaning or repairs;
- HOAs for common-area falls;
- Public entities (City of San Diego, County of San Diego, MTS, Caltrans, school districts) under Government Code §835.
Why Khashayar Law Group for a San Diego Slip and Fall Claim
The firm’s premises liability results include:
The Brownlee case successfully navigated the §911.2 government-claim process and proved both dangerous-condition liability and TBI causation at a three-week jury trial. See the slip-and-fall practice page and Daryoosh Khashayar’s attorney bio.
Frequently Asked Questions — San Diego Slip and Fall Lawyer
How long do I have to file a slip-and-fall lawsuit in California?
Two years from the date of the fall under CCP §335.1 for private property claims. Six months under Government Code §911.2 for falls on public property (sidewalks, public buildings, public transit). Missing the six-month deadline almost always bars the suit.
Can I sue the City of San Diego for a trip-and-fall on a public sidewalk?
Yes. The Brownlee case is an example — a $4.5M verdict against the City of San Diego in a sidewalk trip-and-fall / TBI matter, later a $4.8M judgment after costs and fees. The case proceeded under Government Code §835 (dangerous condition of public property) and required a written government claim within six months of the injury under §911.2.
What is a “dangerous condition” under California law?
Under Government Code §830, a dangerous condition is a condition of property that creates a substantial (as distinguished from minor, trivial, or insignificant) risk of injury when used with due care. Courts have repeatedly found raised sidewalk edges, uneven pavement, malfunctioning signals, and unsafe stairs to constitute dangerous conditions when significant enough to be unsafe to ordinary users.
What if the property manager says it was my own fault?
California uses pure comparative fault. Even if you are partially responsible, you may recover damages reduced by your percentage of fault. Courts have rejected attempts to use the “open and obvious” defense to bar recovery entirely in cases involving substantial dangers.
How much does a San Diego slip-and-fall attorney cost?
Khashayar Law Group works on contingency. No attorney fee unless we recover. Free initial consultation.
Source note. The Brownlee verdict is described on the firm’s case page and supported by CBS 8 news coverage. See the firm’s editorial policy. Past results do not guarantee future outcomes.
