California Slip and Fall Accident Attorney
As California slip and fall accident attorneys, we have seen firsthand the devastating effects that these types of accidents can have on individuals and their families.
The unfortunate reality is that those liable for slip and fall accidents often try to shift the blame onto the victim, making it difficult for them to receive proper compensation.
We strive to bridge this gap by providing aggressive representation for those who have been injured in slip and fall accidents.
Whatever the circumstances of your accident may be, our experienced slip and fall personal injury lawyers will fight to protect your rights and hold those responsible accountable for their actions.
Contact us to schedule a free consultation and learn more about how we can help you receive the compensation you deserve.
What are Slip and Fall Accidents?
Slip and fall accidents are a type of personal injury incident where an individual slips, trips, or falls due to hazardous conditions on someone else’s property, resulting in injury. These accidents fall under premises liability, which holds property owners or occupiers responsible for maintaining safe conditions.
Wet or slippery floors (e.g., spills, recently mopped surfaces)
Uneven surfaces (e.g., cracked sidewalks, loose floorboards)
Poor lighting (e.g., dimly lit stairwells)
Obstructions (e.g., cords, debris)
Weather-related hazards (e.g., ice, snow, or rain accumulation)
Lack of warning signs for known hazards
Injuries can range from minor bruises to severe fractures, head trauma, or spinal injuries. These cases often involve proving negligence on the part of the property owner or manager.
Laws Governing Slip and Fall Accidents in California
In California, slip and fall accidents are governed by premises liability law, primarily under California Civil Code Section 1714, which establishes a general duty of care for property owners. Below are the key legal principles and statutes:
1. Duty of Care (California Civil Code § 1714):
Property owners and occupiers must maintain their property in a reasonably safe condition.
They are required to:
- Inspect their premises regularly.
- Address hazards (e.g., repair or warn about dangers).
- Prevent foreseeable injuries.
Invitees (e.g., customers in a store): Owed the highest duty of care. Owners must actively inspect and maintain safe conditions.
Licensees (e.g., social guests): Owed a moderate duty of care to warn of known hazards.
Trespassers: Owed a minimal duty, typically only to avoid willful or wanton harm, except in cases involving minors or attractive nuisances (e.g., California Civil Code § 846).
2. Negligence in Slip and Fall Cases:
To succeed in a slip and fall claim, the plaintiff must prove:
The property owner owed a duty of care.
The owner breached that duty by failing to address or warn about a hazardous condition.
The breach caused the plaintiff’s injury.
The plaintiff suffered damages (e.g., medical bills, lost wages, pain and suffering).
3. Comparative Negligence (California Civil Code § 1714(c)):
California follows a pure comparative negligence rule. If the plaintiff is partially at fault (e.g., not watching where they were going), their compensation is reduced by their percentage of fault.
- For example, if a plaintiff is 30% at fault, they can still recover 70% of their damages.
4. Statute of Limitations (California Code of Civil Procedure § 335.1):
The statute of limitations for personal injury claims, including slip and fall accidents, is two years from the date of the injury.
If the injury is discovered later, the statute may extend to one year from the date of discovery under the discovery rule.
Claims against government entities (e.g., falls on public property) require a government claim to be filed within six months (California Government Code § 911.2).
5. Government Property (California Government Claims Act, Government Code § 810 et seq.):
If a slip and fall occurs on public property (e.g., a city sidewalk), the government may be liable if the property was in a dangerous condition (Government Code § 835).
A dangerous condition is one that creates a substantial risk of injury when used with due care.
Claims must follow strict procedures, including filing a claim within six months.
For residential properties, landlords must maintain habitable conditions under the implied warranty of habitability.
They are liable for slip and fall injuries caused by failure to repair known hazards (e.g., broken stairs, slippery floors).
Businesses must comply with California Building Code and ADA requirements to ensure safe premises, such as proper lighting, handrails, and non-slip surfaces.
Failure to comply can strengthen a premises liability claim.
In some cases, the doctrine of res ipsa loquitur ("the thing speaks for itself") may apply if the accident would not have occurred without negligence (e.g., a fall due to a sudden structural failure).
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Vehicle-Related Accidents
Premises & Liability Cases
Serious & Catastrophic Injuries
Key Considerations in California Slip and Fall Cases
Evidence
Gathering evidence is critical, including photos of the hazard, witness statements, incident reports, and medical records.
Insurance
Many cases involve the property owner’s liability insurance, which may cover settlements or judgments.
Comparative Fault Defenses
Defendants often argue the plaintiff was careless or that the hazard was “open and obvious.”
Damages
Compensation may include medical expenses, lost wages, pain and suffering, and, in rare cases, punitive damages for gross negligence.
Practical Steps After a Slip and Fall in California
Seek Medical Attention
Document injuries and follow treatment plans.
Report the Incident
Notify the property owner or manager and request an incident report.
Document the Scene
Take photos of the hazard and surrounding area.
Preserve Evidence
Keep clothing, shoes, or other items involved in the fall.
Consult an Attorney
Personal injury attorneys often work on a contingency fee basis and can navigate California’s complex premises liability laws.
Why You Need a Slip and Fall Accident Lawyer
Our slip fall accident lawyers in California can help you:
Investigate the cause of your fall
Gather witness statements
Review medical records
Negotiate with insurance companies
File legal documents
Represent you in court
Maximize your compensation
We also help with proving negligence, providing evidence of your injuries and damages, and handling any communication with the property owner's or insurance company’s legal team.
Talk to a Slip and Fall Injury Attorney Today
If you’ve been injured in a slip and fall accident, don’t wait. Our skilled California slip and fall attorneys are here to help you secure the compensation you deserve.
Contact us today for a FREE consultation and take the first step toward justice and recovery.