A slip and fall can happen anywhere: a grocery store aisle, a parking lot, a friend’s apartment building. California law requires property owners to keep their spaces reasonably safe. When they ignore hazards, like wet floors, uneven pavement, or broken handrails, and someone gets hurt, they can be held financially accountable.
At Harris Personal Injury Lawyers, we handle these cases from start to finish. Our team investigates what caused your fall, collects evidence before it disappears, and deals directly with insurance companies. We take care of the legal process so you can focus fully on recovery.
If you’re unsure what steps to take or whether you even have a claim, we can help. Call (619) 864-7101 for a free, no-obligation consultation, and we’ll explain your options clearly.
Key Takeaways for California Slip and Fall Claims
- A property owner's negligence is the foundation of your claim. To be successful, you must prove the owner knew, or should have known, about a dangerous condition but failed to fix it, and that this failure directly caused your injury.
- Your own actions can reduce your compensation. California's "pure comparative negligence" rule means your final award is reduced by your percentage of fault, a tactic insurers use to lower payouts.
- Strict deadlines apply, especially for government property. While you generally have two years to file a lawsuit, claims against public entities like cities or schools require a formal notice within just six months.
Why Choose Harris Personal Injury Lawyers?
Our Track Record Speaks for Itself
We have recovered over $800 million in settlements and verdicts for our clients. In 2023 alone, our firm secured three of California's #1 largest settlements, as ranked by Top Verdict.
5 Reasons to Hire Our Firm
- Access To Top-Tier Medical Care: We connect you with experienced medical professionals who treat accident injuries, frequently with little to no upfront cost. If a high deductible or limited network is preventing you from getting the care you need, we can help.
- Reduce Your Burden: You are already dealing with physical pain and emotional stress. We take the weight of insurance claims, medical bills, and police reports off your shoulders so you can put your energy into recovery.
- Resources To Level The Field: The property owner's insurance company is well-funded. Our law firm advances all costs for securing evidence, hiring experts, and other case expenses, ensuring you have the same advantages.
- Leverage In Negotiations: An insurance company may not treat an individual’s claim with the same seriousness as one presented by an experienced law firm. We have litigated thousands of cases and know the strategies insurers employ, giving us the leverage needed to pursue the maximum value of your claim.
- You Only Pay If You Win: We operate on a contingency fee basis. You pay nothing upfront, and our firm only collects a fee if we win your case. With a 99% success rate, we are confident in our work but if we don't secure a recovery for you, you owe us nothing.
A Client-First Approach
Our San Diego headquarters is in the El Cortez building at 702 Ash Street, Suite 10, San Diego, CA 92101.
We offer free consultations by phone or in person. If you can’t come to us, we will come to you.
How Is a Slip and Fall Case Valued in California?
The value of a case is built by adding up all the specific damages you have suffered. The purpose of compensation is to make you whole again by covering the full range of your losses.
What Are "Economic Damages?"
These are the direct, calculable financial losses tied to your injury. Think of them as every receipt, bill, and lost paycheck.
- Medical Expenses: This covers everything from the ambulance and emergency room visit to ongoing physical therapy, medications, and any future surgeries you might need.
- Lost Wages: Compensation for the income you lost while out of work.
- Loss of Future Earning Capacity: If your injuries permanently limit your ability to earn a living or force you into a lower-paying job, this damage category accounts for that long-term financial harm.
What Are "Non-Economic Damages?"
These damages address the ways the injury has diminished your quality of life. They are less tangible but just as real.
- Pain and Suffering: This accounts for the physical pain, discomfort, and emotional toll the injury and recovery process have taken on you.
- Emotional Distress: This can include anxiety, depression, fear, or sleep disturbances that stem from the trauma of the fall.
- Loss of Enjoyment of Life: If your injuries keep you from participating in hobbies, sports, or family activities that were once a source of joy, this provides compensation for that loss.
How Can Your Own Actions Affect Your Compensation?
California operates under a legal rule called "pure comparative negligence." Simply put, your compensation is reduced by whatever percentage you are found to be at fault for the accident.
For example, if a jury decides you were 10% at fault, then your final award would be reduced by that 10%. Property owners and their insurers conduct thorough investigations, looking for any evidence to argue you were careless. Our role is to build a strong case to ensure no blame is unjustly shifted to you.
Understanding California's "Premises Liability" Law
When you are injured on someone else's property, your claim is governed by a legal area known as "premises liability." This is the formal term for the rule that property owners must keep their property in a reasonably safe condition for visitors. To win a slip and fall case, we must prove the property owner was negligent.
What Does "Negligence" Mean in a Slip and Fall Case?
Negligence is a failure to act with reasonable care. According to the law, we must prove four key elements:
- The defendant owned, leased, occupied, or controlled the property. We first establish that the person or company you are suing was legally responsible for the premises.
- The defendant was negligent in the use or maintenance of the property. This means they failed to use the level of care a reasonably prudent person or business would have used in a similar situation.
- You were harmed. We must show that you suffered a physical injury.
- The defendant's negligence was a substantial factor in causing your harm. There has to be a direct link between the property owner’s failure and your injury.
What Are Some Examples of Dangerous Conditions?
- Spills and recently mopped floors without "wet floor" signs
- Torn carpets, broken tiles, or warped floorboards
- Cluttered store aisles or blocked walkways
- Poor lighting in stairwells, hallways, or parking garages
- Broken steps, missing handrails, or dangerously uneven stairs
- Failure to clean up tracked-in rainwater at entrances
Where Do Slip and Fall Accidents Commonly Happen?
While a fall can happen anywhere, certain locations present a higher risk because of heavy foot traffic, constant use, or environmental factors. In our experience, accidents happen most frequently in these places:
Public and Commercial Properties
- Grocery Stores and Supermarkets: Spilled liquids, produce that has fallen on the floor, and recently mopped aisles without warning signs are everywhere.
- Retail Stores and Shopping Malls: Disorganized merchandise displays, cluttered walkways, and wet entrances during rainy weather are common causes of falls.
- Restaurants and Bars: Spilled drinks, greasy kitchen floors tracked into dining areas, and dimly lit stairs or patios create predictable hazards.
- Parking Lots and Garages: Potholes, cracked pavement, poor lighting, and unmarked wheel stops can easily cause a person to trip and fall, especially at night.
Government and Residential Properties
- Apartment Buildings: Landlords are responsible for fixing broken stairs, torn hallway carpeting, inadequate lighting, and puddles from leaking pipes.
- Sidewalks and Public Parks: Uneven pavement, tripping hazards from tree roots, and poorly maintained public walkways are frequent sites of falls. Claims against government entities in California have much shorter deadlines, sometimes just six months to file a formal claim.
What Kind of Injuries Do We Typically See?
- Sprains and Fractures: Wrists, ankles, and hips are especially vulnerable in a fall. A hip fracture, for instance, nearly always requires surgery and can lead to long-term mobility challenges.
- Head Injuries: Falls are a leading cause of concussions and more severe traumatic brain injuries (TBIs), even if you do not lose consciousness.
- Back and Spinal Cord Injuries: Herniated discs from the impact of a fall can cause chronic pain and, in the most severe cases, nerve damage or paralysis.
- Shoulder Injuries: It's a natural instinct to put an arm out to break a fall, which can result in a dislocated shoulder or a torn rotator cuff.
- Cuts and Lacerations: These can occur from falling on broken glass, sharp objects, or rough surfaces.
Dealing with the Property Owner's Insurance Company
Shortly after your fall, you will probably get a call from the property owner's insurance adjuster. It is helpful to remember that insurance companies are businesses and it means they must balance paying claims with their own financial profitability. This dynamic can sometimes put your interests at odds with theirs.
What to Look Out For
- Requests for a Recorded Statement: The adjuster may ask you to give a recorded statement about how the accident happened. Adjusters are trained to ask questions designed to elicit responses that can be used to minimize or deny your claim. You should politely decline to provide a recorded statement until you have consulted with an attorney. You are under no legal obligation to give one.
- A Quick Settlement Offer: An insurer might present a settlement offer before the full extent of your injuries is even known. This initial offer may not account for future medical treatments or long-term lost wages. Once you accept a settlement, your case is closed for good.
- Requests for Broad Medical Authorizations: They may ask you to sign a form granting them access to your entire medical history. This allows them to search for pre-existing conditions they can use to argue your injuries weren't caused by the fall. We will provide them with only the relevant medical records.
FAQs About California Slip and Fall Claims
How long do I have to file a slip and fall lawsuit in California?
In most situations, you have two years from the date of the injury to file a lawsuit. However, if your fall was on government property, like a public school, city park, or government building, you have a much shorter deadline. You must file a formal notice of claim with the correct government agency, typically within just six months of the injury.
What if the property owner says I was clumsy or not paying attention?
This is a standard defense tactic. As we mentioned earlier, California's comparative negligence rule encourages property owners to shift as much blame as possible to you to reduce their payout. Our job is to counter this by gathering evidence, like surveillance footage, witness statements, or photos of the hazard, to demonstrate that the dangerous condition was the primary cause of your fall.
Can I still have a case if there were no witnesses?
Yes. While witnesses are certainly helpful, they are not required. A strong case can be built using other evidence, such as photographs of the dangerous condition, a store's incident report, surveillance video, and your own testimony about what happened. We have successfully resolved many cases where our client was the only person who saw the fall.
Don’t Let Self-Doubt Stop You From Getting Answers
It's natural to second-guess yourself after a fall. You might worry that your injury isn't serious enough or that you somehow could have prevented it. But any injury that causes you pain generates medical bills, and forces you to miss work is serious enough to explore your rights.
California law provides a path for holding negligent property owners accountable, but that path has strict rules and deadlines.
Let our team at Harris Personal Injury Lawyers answer your questions and lay out your options. The consultation is free, and there is no pressure and no obligation. Call us now at (619) 864-7101 to get the clear guidance you need to move forward.