People often feel embarrassed after a fall and blame themselves. But many falls happen because someone didn't take care of their property. California law requires property owners and those who control property to keep it reasonably safe. When they don't, and someone gets hurt, the injured person may have a claim.
Steven Ibarra has worked in personal injury since 2003. Steven has tried slip-and-fall cases to jury verdict, and he prepares every case as if it may go to trial.
How premises liability works
Premises liability is the area of law that covers injuries caused by unsafe property. To win a slip-and-fall case, you usually need to show:
- A dangerous condition. Something on the property created an unreasonable risk of harm, like a spill, a broken step or a hole in the pavement.
- Notice. The owner knew or should have known about the danger. This can be actual notice, meaning they actually knew, such as when a customer reported a spill. It can also be constructive notice, meaning the danger was there long enough that a careful owner who checked the property would have found it.
- Failure to fix or warn. The owner didn't repair the danger, clean it up or warn people in time.
- Harm. The condition caused your fall and your injuries.
Notice is often the hardest part. Stores and landlords frequently argue they had no idea the hazard was there. That's why records like inspection logs, cleaning schedules and video can be so important.
Common hazards
Falls can happen almost anywhere. Some of the most common places include:
- Stores and supermarkets: spilled liquids, fallen produce, wet floors without warning signs, cluttered aisles and loose mats.
- Apartments: broken stairs, missing handrails, poor lighting in hallways and uneven walkways. Landlords must make reasonable repairs once they know about a problem.
- Parking lots: potholes, cracked pavement, broken wheel stops, oil spills and dark areas without enough lighting.
- Restaurants, offices and other businesses: slick floors, torn carpet and items left in walkways.
Save the evidence quickly
Evidence in a fall case can disappear fast. Spills get cleaned up. Broken steps get fixed. Many businesses use security cameras that record over old video automatically, sometimes within days. If no one asks the owner to save the video, it may be gone.
If you can, do these things:
- Take photos of the exact spot where you fell, including the hazard and any lack of warning signs.
- Report the fall to a manager or landlord and ask for a copy of the incident report.
- Get the names and phone numbers of witnesses.
- Keep the shoes and clothes you were wearing. Don't wash or repair them.
- Get medical care right away and follow your doctor's advice.
When we take a case, we act quickly to send the owner a written request to save video and other records. The sooner you call, the more we can preserve.
What if they say it was your fault?
Property owners and their insurers often say you should have been watching where you were going. California uses comparative fault. That means you can still recover even if you were partly to blame. Your recovery is reduced by your share of the fault. For example, if a jury finds you 25% at fault, your damages are reduced by 25%. A strong investigation helps push back on unfair blame.
Falls on public property
If you fell on a city sidewalk, in a public park, at a government building or on other public property, special rules apply. A public entity, like a city or county, can be responsible for a dangerous condition of its property in some cases (Government Code § 835). These cases are often harder. For example, the law may excuse defects that are considered minor or "trivial."
Most important, you usually must file a written claim with the government agency within six months of the fall (Government Code § 911.2). If you miss it, you may lose your case. For falls on private property, the deadline to file a lawsuit is generally two years (Code of Civil Procedure § 335.1). Read more about the two deadlines that can end your case.
Talk to a Whittier slip and fall lawyer
We help people injured in falls in Whittier, Norwalk, Santa Fe Springs, La Mirada and nearby communities. Your consultation is free, and you pay no attorney's fee unless we recover money for you. See the other personal injury cases we handle or our personal injury FAQs. To talk about your fall, contact us or call (562) 612-7806. We're available 24/7. Hablamos español.