Hurt in a Slip and Fall? A California Rights Guide

Slip and Fall Accidents in California: The Basics

A slip and fall (or trip and fall) claim in California is usually brought under a legal theory called premises liability. In broad terms, property owners, tenants, and other people who control property can be held responsible when unsafe conditions on their property cause injuries, based on the general duty of ordinary care in California Civil Code section 1714(a) and related case law.

People commonly think of grocery store spills, broken stairs, or uneven walkways, but premises liability can involve many types of hazards, including:

• Wet or freshly mopped floors without warning signs
• Food, liquid, or debris left on the ground
• Uneven flooring, loose tiles, or torn carpets
• Broken or missing handrails
• Poor lighting that hides hazards
• Cracked or uplifted sidewalks
• Cluttered aisles or walkways

Not every fall leads to a successful claim. Under California law, courts generally focus on whether the person or business responsible for the property acted reasonably to keep it safe under the circumstances.

Who Can Be Held Responsible for a Slip and Fall?

In California, the potentially responsible party depends on where and how the injury happened. Examples include:

• Business owners and operators – Stores, restaurants, hotels, gyms, and other businesses open to the public must take reasonable steps to keep their premises safe for customers and visitors.
• Residential property owners and landlords – Owners and, in some situations, property managers can be responsible for dangerous conditions in common areas, parking lots, and walkways.
• Tenants or occupants – When a tenant controls a space (such as a leased storefront or apartment interior), that tenant may be responsible for hazards inside that area.
• Government entities – Cities, counties, school districts, and other public agencies may be responsible for dangerous conditions on public property such as sidewalks, public buildings, or parks, subject to special notice and claim rules under the California Government Claims Act.

Responsibility often turns on who had control over the area where you fell and whether that person or business reasonably inspected and maintained it.

What You Must Prove in a California Slip and Fall Case

Most California slip and fall cases are based on negligence and are analyzed under premises liability principles similar to those in California Civil Jury Instructions (CACI) No. 1000 – Premises Liability. While every situation is fact-specific, an injured person typically needs to show:

• Ownership, lease, or control – The defendant owned, leased, occupied, or controlled the property.
• Dangerous condition – There was a hazardous condition (for example, a spill, broken step, or hidden hole) that posed an unreasonable risk of harm.
• Knowledge (actual or constructive) – The defendant knew about the dangerous condition, or should have discovered it through reasonable inspections.
• Failure to act reasonably – The defendant failed to repair the hazard, warn about it, or otherwise act with reasonable care.
• Causation and damages – The dangerous condition was a substantial factor in causing your injuries and related losses.

A key issue in many cases is whether the hazard existed long enough that a reasonable property owner or occupier should have found and fixed it or posted a warning.

Evidence That Can Strengthen Your Claim

Evidence is often the difference between a successful slip and fall claim and one that is denied. Useful types of evidence in California slip and fall cases include:

• Photos and video
  • Pictures of the hazard (liquid on the floor, broken step, poor lighting, etc.)
  • Photos of your injuries, footwear, and the surrounding area
  • Available video from store cameras, security systems, or bystanders
• Incident reports
  • Store or property incident reports completed at or soon after the fall
  • Copies of any written statements you provided
• Witness information
  • Names and contact information of people who saw the fall or the hazard
  • Statements from employees about how long the condition existed or prior complaints
• Maintenance and inspection records
  • Cleaning schedules, inspection logs, or repair orders
  • Work orders showing prior issues or repeated problems
• Medical documentation
  • Emergency room and urgent care records
  • Doctor’s notes, imaging (X-rays, MRIs), and physical therapy records
  • Receipts for medications, medical devices, or travel to appointments

Because many businesses regularly overwrite surveillance footage and discard routine records after a period of time, it can be important to act promptly to preserve this evidence.

Steps to Take Right After a Slip and Fall

Your health comes first, but your actions after a fall can also affect any legal claim.

• Get medical attention
  • Call 911 in an emergency or seek prompt evaluation from a medical professional.
  • Even if you feel “okay,” some injuries—such as concussions, internal injuries, or joint damage—may not show symptoms immediately.
• Report the incident
  • Notify the property owner, manager, or responsible employee.
  • Ask that an incident report be made and request a copy, if possible.
• Document the scene
  • Take photos or video of the hazard, the area around it, and any warning signs—or the lack of them.
  • Note details such as lighting, weather conditions (for outdoor falls), and whether the floor or surface was wet, oily, or uneven.
• Collect witness information
  • Get names and contact information for anyone who saw the fall or the dangerous condition.
• Preserve physical evidence
  • Keep the shoes and clothing you were wearing at the time of the fall; do not wash or alter them.
• Avoid detailed statements or social media posts
  • Be cautious about giving recorded statements to insurance companies before you understand your rights.
  • Avoid posting about the incident or your injuries on social media, as those posts may be used against you.

Practical Tips to Protect Your California Slip and Fall Claim

California’s Comparative Fault Rules: How Being Blamed Affects Your Case

California applies a system of pure comparative fault in personal injury cases, established by the California Supreme Court in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 and reflected in CACI No. 405 – Comparative Fault. This means a court can assign a percentage of fault to each party involved in an accident, including the injured person, and any monetary award is reduced by that person’s percentage of fault.

In a slip and fall case, the property owner or insurer may argue that you were partly at fault because you:

• Were not watching where you were going
• Ignored warning signs or cones
• Wore shoes they claim were unsafe for the conditions
• Walked or ran in an unsafe way for the area

If a judge or jury decides you were partly responsible, any compensation you receive can be reduced in proportion to your share of fault. For example, if you were found 25% responsible, your damages could be reduced by 25%.

Insurers often raise comparative fault arguments early in negotiations. Thorough evidence and strategic advocacy can help push back against unfair blame.

Common Injuries from Slip and Fall Accidents

Slip and fall accidents can cause anything from minor bruises to life-changing injuries. Common injuries in California claims include:

• Sprained ankles or wrists
• Fractures, including hip, wrist, ankle, and vertebrae fractures
• Head injuries and concussions
• Traumatic brain injuries (TBI)
• Back and neck injuries, including herniated discs
• Shoulder injuries, such as rotator cuff tears
• Cuts, lacerations, and deep bruising

Prompt medical evaluation is important both for your health and for documenting your condition. Delays in seeking treatment can give insurers an excuse to argue that your injuries were not serious or were caused by something else.

What Compensation May Be Available?

If your California slip and fall was caused by someone else’s negligence, you may be able to seek compensation for both economic and non-economic losses, such as:

• Medical expenses
  • Emergency room visits, hospital stays, and surgeries
  • Doctor visits, chiropractic care, and physical therapy
  • Medications, medical equipment, and future treatment needs
• Lost income and earning capacity
  • Wages or salary lost while you were unable to work
  • Missed overtime, bonuses, or benefits
  • Loss of future earning capacity if you cannot return to your prior work
• Out-of-pocket costs
  • Transportation to and from medical appointments
  • Home modifications or assistive devices, if needed
• Pain and suffering
  • Physical pain and discomfort
  • Emotional distress, anxiety, or depression
  • Loss of enjoyment of life or inability to participate in activities you previously enjoyed

The value of any claim depends on factors such as the severity and duration of your injuries, how clearly liability can be proven, available insurance coverage, and the impact on your work and daily life.

Special Issues for Falls on Government Property

Claims involving public property—such as city sidewalks, public buildings, schools, or government parking lots—are subject to special rules in California. These rules are largely found in the California Government Claims Act (Gov. Code, § 810 et seq.).

• Different procedures – Claims against government entities generally require presenting a written administrative claim to the correct public entity before filing a lawsuit (see, e.g., Gov. Code, §§ 905, 945.4).
• Shorter time limits – For many personal injury claims against public entities, an administrative claim must typically be presented within six months of the date of injury (Gov. Code, § 911.2), and additional deadlines apply after a claim is accepted or rejected.
• Strict requirements – Missing a required step or deadline can significantly limit or even prevent recovery.

Because of these additional hurdles, it is especially important to speak with a lawyer promptly if your slip and fall occurred on property owned or controlled by a city, county, state, or other public agency.

Deadlines for California Slip and Fall Claims

California law imposes strict time limits for bringing personal injury claims, including slip and fall cases. For many injury claims against private parties, the general statute of limitations is two years from the date of injury, as set out in Code of Civil Procedure section 335.1. Separate, and often shorter, deadlines apply to claims against government entities under the Government Claims Act.

These time limits can vary based on factors such as:

• Where the fall occurred (private property vs. public property)
• The age of the injured person
• Whether the injury was discovered later
• Whether any special rules or exceptions apply

Because missing a legal deadline can severely affect your rights, it is important to consult with a California attorney as soon as possible after a slip and fall injury.

How Insurance Companies Typically Handle Slip and Fall Claims

Most slip and fall claims, if they result in payment, are resolved through insurance policies such as:

• Commercial general liability policies (for businesses)
• Homeowners or renters insurance (for residential properties)
• Public entity risk pools or government liability coverage (for public property)

Insurance adjusters work for the insurance company and are generally tasked with limiting what the insurer pays. You may encounter tactics such as:

• Questioning the seriousness of your injuries
• Arguing that you were mostly or entirely at fault
• Claiming there was no dangerous condition
• Requesting broad access to your prior medical records
• Pressuring you to give a recorded statement or accept a quick, low settlement

Before giving detailed statements, signing medical releases, or agreeing to a settlement, consider speaking with an attorney who can explain what is reasonable under California law and help protect your interests.

Slip and Fall Checklist

When to Talk with a California Slip and Fall Lawyer

You are not required to hire a lawyer for a slip and fall claim, but legal representation can be especially helpful when:

• You have significant injuries or long-term limitations
• You missed work or may not be able to return to your prior job
• The property owner or insurer is disputing fault
• Multiple parties may share responsibility (for example, an owner and a property manager)
• The fall occurred on government property
• You are worried about upcoming legal deadlines or complex procedures

A California personal injury lawyer can:

• Evaluate whether you have a potentially viable premises liability claim
• Investigate the incident and seek to preserve key evidence
• Communicate with insurance companies on your behalf
• Help you understand the potential value of your claim
• File necessary paperwork within the applicable time limits

Frequently Asked Questions About California Slip and Fall Cases

Do I still have a case if I was partly at fault for my fall?

Possibly. California’s pure comparative fault system allows you to seek compensation even if you were partly responsible. However, any award you receive may be reduced by your percentage of fault.

How long do I have to file a slip and fall lawsuit in California?

In many cases against private parties, you generally have two years from the date of injury. Claims involving government entities often have much shorter deadlines. You should speak with a California attorney promptly to understand the specific time limits that apply to your situation.

What if there were no witnesses to my slip and fall?

You may still have a claim. Other evidence—such as photos, surveillance footage, incident reports, and your medical records—can help establish what happened and why the property was unsafe.

Will my case automatically settle, or will I have to go to court?

Many slip and fall claims settle through insurance negotiations, but some require filing a lawsuit and, in rare cases, going to trial. An attorney can advise you about the most appropriate strategy based on the facts of your case.

Next Steps and How to Get Legal Help

If you or a loved one suffered injuries in a California slip and fall:

• Prioritize your medical care and follow your treatment plan.
• Gather and keep documentation, including medical records, bills, photos, and incident reports.
• Avoid signing settlement documents or broad medical releases without understanding the consequences.
• Consider speaking with a California slip and fall attorney to review your options and time limits.

To discuss your situation with our team and learn about your options under California law, contact us today for a consultation.

California Legal Disclaimer

This blog post is for general informational purposes only and does not constitute legal advice. Reading this material does not create an attorney–client relationship. Laws and legal standards change over time and can vary based on specific facts. You should consult a licensed California attorney for advice about your particular situation.