Premises and Injury
The question is not whether you fell. It is what they knew
Property owners must keep their premises reasonably safe. These cases are won by proving the hazard existed long enough that it should have been found and fixed.
About premises liability and slip and fall claims
California property owners and businesses owe a duty of reasonable care to people lawfully on their premises. That duty includes inspecting for hazards with reasonable frequency, repairing or guarding what they find, and warning about dangers that cannot be immediately corrected.
The decisive issue is almost always notice. Actual notice means the owner knew about the hazard; constructive notice means it existed long enough that reasonable inspection would have revealed it. Sweep logs, inspection schedules, maintenance requests, prior incident reports and surveillance video are how notice is established, and much of that material is overwritten or discarded quickly if it is not demanded in writing.
Premises claims cover far more than wet floors: broken stair treads and missing handrails, unmarked level changes, inadequate lighting, uneven or heaved walkways, falling merchandise, unsecured pool and construction hazards, and negligent security where a foreseeable assault occurred in an inadequately protected area.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Hip, wrist and ankle fractures, especially in older adults
- Traumatic brain injury and subdural hematoma from head strikes
- Spinal compression fractures and disc herniation
- Shoulder and knee tears requiring surgical repair
- Facial and dental injuries
- Complications from immobility following a serious fall
Who can be held liable
Responsibility often extends well beyond the most obvious company. We look at every party in the chain.
- The property owner
- The tenant, business operator or manager in control of the area
- A property management or maintenance company
- A janitorial, landscaping or construction contractor that created the hazard
- A public entity responsible for a dangerous condition of public property
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- Surveillance video, which is frequently overwritten within days
- Incident reports and the store or property’s own inspection and sweep logs
- Photographs of the hazard, the lighting and the footwear worn
- Prior complaints, work orders and similar incident history at the location
- Building code analysis for stairs, handrails, ramps and lighting standards
Do not wait on the deadline
California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.
Answers
Premises Liability and Slip and Fall: common questions
Injured by premises liability? Let us review it at no cost.
A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.