Slip and Fall Claims in California: What You Have to Prove

To win a slip and fall claim in California, you generally must show four things: a dangerous condition existed on the property, the owner or manager knew or should have known about it, they failed to fix it or warn you, and the condition caused your injury. If you were partly at fault, your compensation can be reduced but not eliminated.

The legal standard

California law requires property owners and managers to use reasonable care to keep their property safe (Civil Code § 1714). A wet floor, broken step, uneven sidewalk, or poor lighting can all be dangerous conditions. A fall alone is not enough: the claim depends on whether the owner acted reasonably.

Proving the owner knew or should have known

This is usually the center of the case. The owner may have known directly, for example because an employee saw the spill or a tenant reported the broken railing. The owner can also be responsible if the hazard existed long enough that a reasonable inspection would have found it. Store cleaning logs, maintenance records, and surveillance video can show how long a hazard was there.

If you were partly at fault

California uses pure comparative fault. If you are found partly responsible, for example because you were looking at your phone, your compensation is reduced by your share of fault rather than barred. Property owners and their insurers often argue this point, so the evidence from the scene matters.

What to do after a fall

Get medical care. If you can, photograph the hazard before it is cleaned up or repaired, and photograph your shoes and the surrounding area. Report the fall to the manager or owner and ask for a copy of the incident report. Get names and phone numbers of witnesses. Surveillance video can be recorded over, so it should be requested quickly.

Falls on public property

If you fell on a city sidewalk, in a public building, or on other government property, the deadline is much shorter. You must file a written claim with the government agency within six months (Government Code § 911.2). For falls on private property, the statute of limitations is generally two years from the date of injury (Code of Civil Procedure § 335.1).

How AM Legal helps

Teni and Alex work every case together, so two attorneys review every detail of your claim, from the incident report to the maintenance records. AM Legal handles slip and fall cases on a contingency basis: you pay nothing unless they win.