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

A “slip and fall” is a type of California premises liability accident. Not all falls lead to slip and fall liability. For you to recover compensatory damages, the accident must have been caused by someone else’s negligence.

Someone is negligent for a slip and fall in California when they:

1. Know, or through the exercise of reasonable care should have known,
2. About a hazardous condition on the property they own or control, and
3. Fail to repair, protect against, or give adequate warning of the condition.

The following bubble graph shows some common causes of slip and fall liability in California:

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
• How do I prove fault?
• What if I was partly at fault?
• What if I fell at work?
• Additional Resources

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

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 of the accident.⁵ 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

How do I prove 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 negligence. Evidence can include:

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

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. The judge would reduce your damages in proportion to your fault.⁸

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 obvious to a reasonable person (such as a large hole in the ground that is cordoned 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.

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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