“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. 1

Common causes of slip and fall liability in California include:

• Spills or leaks
• Torn or loose carpeting or uneven floors
• Uncovered cables and cords
• Broken or missing railings
• Broken furniture
• Failure to rope off construction sites or to post warning/hazard signs

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

• 1. Who is liable for a slip and fall in California?
• 2. What do I need to prove?
• 3. When is a property owner negligent?
• 4. What damages can I get?
• 5. What is the statute of limitations?
• 6. How do I prove it was the defendant’s fault?
• 7. What if I was partly at fault?
• 8. What if I was injured at work?
• 9. Additional resources

Most falls are “heel slips,” where your leading heel slides too forward, rather than “toe slips,” where your trailing foot loses balance.

1. Who is liable for a slip and fall in California?

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

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

2. What do I need to prove?

To recover damages for a slip and fall accident in California, you must establish four things:

1. The defendant owned, leased, occupied or controlled the property;
2. The defendant was negligent in the use or maintenance of the property;
3. You were harmed by slipping or falling on the property; and
4. The defendant’s negligence was a substantial factor in causing you harm. 4

3. When is a property owner negligent?

A slip-and-fall defendant is negligent in the use or maintenance of their property in California if:

1. A condition on the property created an unreasonable risk of harm;
2. The defendant knew or, through the exercise of reasonable care, should have known about it; and
3. The defendant failed to repair the condition, protect against harm from the condition, or give adequate warning of the condition. 5

An example of negligent behavior is a grocery store not putting out “Caution: Wet Floor” signs after they wash the floor.

4. What damages can I get?

• 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 very rare cases, you might be entitled to punitive damages in a slip-and-fall lawsuit. Examples of situations in which punitive damages for a slip and fall might be recoverable include:

• The defendant’s recklessness resulted in catastrophic injuries or wrongful death, or
• The defendant intentionally destroyed evidence of liability. 6

Simple falls can cause serious injuries, such as severed spinal cords, traumatic brain injuries, and broken hips, legs, arms, necks, backs, and wrists.

5. What is the 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. 7 If the defendant is out of state or the victim is a minor, then this statute of limitation tolls (pauses). 8

Note that if you are suing the government, then the statute of limitations for these “administrative claims” is only six months after the injury. 9

6. How do I prove it was the defendant’s 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.

7. 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. 10

Note that if you were trespassing at the time of your fall, the landowner typically will not be liable for your damages. 11

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. 12

8. 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.

9. 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?

Legal references:

1. California Civil Jury Instructions (CACI) 1000. Premises Liability—Essential Factual Elements; CACI 1003. Unsafe Conditions; see, for example, Ortega v. Kmart Corp., (2001) 26 Cal. 4th 1200; Kopfinger v. Grand Cent. Public Market, (1964) 60 Cal. 2d 852. See also Miller v. Pacific Gas & Electric Co. (Cal.App. 2023) 97 Cal. App. 5th 1161 .
2. Same.
3. See, for example, Johnson v. Palo Alto ( Court of Appeal of California, First Appellate District, Division Two, 1962)199 Cal. App. 2d 148.
4. CACI 1000.
5. CACI 1003.
6. California Civil Code § 3295.
7. California Code of Civil Procedure section 335.
8. California Code of Civil Procedure section 352.
9. California Government Code 945.6 GC.
10. CACI 406. CACI 405.
11. Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666.
12. See also Kinsman v. Unocal Corp. ( Supreme Court of California, 2005)37 Cal. 4th 659.
13. Facts about Falls, CDC.