“Slip & Fall” in California – How to Bring a Lawsuit

When a dangerous condition causes you to fall, you may have grounds for a “slip and fall” case. Under California premises liability law, the owner or manager of the property could be liable for your damages.

For you to win a slip and fall lawsuit, you need to prove that the defendants (at-fault parties) were negligent. This means that:

1. The defendants knew – or through the exercise of reasonable care should have known – about a hazardous condition on their property that created an unreasonable risk, and
2. This risk was foreseeable and/or violated a law (such as a statute or safety code), and
3. The defendants failed to repair, protect against, or give adequate warning of the condition, and
4. This failure caused your injuries.

To help you better understand how to recover damages for “slip and fall” accidents, our California personal injury lawyers discuss the following:

• Who is liable for a slip and fall?
• What damages can I get?
• Statute of Limitations
• Proving Fault
• What if I was partly at fault?
• What if I fell at work?
• When the Government Is Negligent
• Additional Resources

Also listen to our informative podcast on suing for slip and fall injuries:

Who is liable for a slip and fall?

People owe a duty of care to protect you from harm when you enter their property.¹ This duty applies to people or companies who

• own,
• lease,
• occupy,
• control,
• or insure

the property. This typically includes homeowners, commercial business owners, tenants, parent companies, and insurance companies.²

If the site of the fall was public property, such as a sidewalk or steps to a government building, you may be able to sue the local, state, or federal government.³

What damages can I get?

Compensatory damages for a slip and fall claim can include (but are not limited to):

• medical bills for medical treatments, home health, rehab, etc.
• lost wages,
• property damage (for example, you dropped your phone and it shattered),
• lost earning capacity, and
• pain and suffering, including anxiety, PTSD, and other psychological disorders.

In rare cases, you might be entitled to punitive damages in a slip-and-fall lawsuit if the defendant acted intentionally.⁴

Note that the majority of slip and fall cases resolve through out-of-court negotiations. Typically your attorney sends a demand letter to the at-fault parties or their insurers, and settlement talks ensue until an agreement is reached, often without a lawsuit being filed.

Statute of Limitations

The statute of limitations to bring a slip and fall personal injury lawsuit in California is generally two years from the date you discovered (or should have discovered) that you were injured.⁵ This date is typically the day of the accident, but it can be later if your injury takes time to manifest. (Learn more about “the discovery rule.”)

If the defendant is out of state or the victim is a minor, then this statute of limitation tolls (pauses).⁶

Note that if you are suing the government, then the statute of limitations for these “administrative claims” is only six months after the injury.⁷

Proving Fault

The key to winning a slip and fall personal injury case in California is to prove that a fall resulted from the defendant’s failure to exercise reasonable care. Typical evidence includes:

• the slip and fall doctor‘s treatment notes,
• video footage,
• witness statements, and
• testimony from accident reconstruction experts.

It is important you keep records of everything: Evidence is your ammo when the defendant tries to deny liability or make a low-ball settlement offer.

It is also important to have an experienced personal injury attorney representing you. They have the skills to fight back against blame-shifting insurance companies and to maximize your payout.

What if I was partly at fault?

If you were injured in a fall and were partly at fault, you may still be eligible to recover damages under California’s “pure comparative negligence” rule. The judge would reduce your damages in proportion to your fault.⁸

For example, if you were running through a mall and slipped on a wet floor, the court might find you were 50% at fault for running. If your fall caused you to sustain $10,000 in damages, the court will then order the mall owner to pay you 50% of that: $5,000.

Note that if you were trespassing at the time of your fall, the landowner typically will not be liable for your damages.⁹ Also note that if the fall hazard was “open and obvious” to a reasonable person (such as a large hole in the ground that is roped off) the landowner probably would not be liable to fall victims.¹⁰

What if I fell at work?

If you slipped and fell at your workplace or while performing job duties, you probably will be able to recover medical expenses and disability payments through workers’ compensation even if you were at fault. You would need to show that:

• You did not intentionally injure yourself,
• California’s workers’ comp laws cover your particular injury, and
• You were not under the influence of alcohol or drugs.

When the Government Is Negligent

If your fall occurred on government property, it may be more difficult to recover damages thanks to the California Tort Claims Act.

Firstly, depending on the circumstances of your case, the government may be “immune” to litigation – even if your injury was not your fault.

Secondly, government is often afforded “reasonable” time to repair certain hazards. So even if you fell due to one of these hazards, the government may owe you nothing if your accident occurred during this “reasonable” time.

Therefore, it is vital you retain a personal injury attorney as soon as possible after your fall to determine the likelihood of success if you sue the government.

Also, as mentioned above, you have only six months to formally notify the applicable government agency that you intend to sue. This is much sooner than the standard two-year statute of limitations in personal injury cases against private parties.¹¹

Additional Resources

For more information about preventing and treating fall injuries, refer to the following:

• If you’re hurt in a fall, follow these tips for recovery – Article by the Washington Post.
• Slip, Trip, and Fall Prevention – Guide by Yale.
• How to fall without injury – Piece by Harvard Medical School.
• Preventing Slips, Trips, and Falls in the Workplace – Advice provided by Safety Culture.
• Slips, Trips, and Falls – Tips by the CDC for young retail workers.
• Do I need an attorney in order to file a slip and fall lawsuit? – Article by our personal injury attorneys.

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