Premises and Injury
A fall claim is won by proving what the property owner knew
The hazard is rarely the hard part. The case turns on notice: how long the condition existed and what the owner did about it.
About slip, trip and fall injuries claims
California requires a property owner to use reasonable care to keep premises safe for people who are lawfully there, which includes reasonable inspection to discover hazards. That is why these cases are about notice. Actual notice means someone knew. Constructive notice means the condition existed long enough that reasonable inspection should have found it. Proving either usually depends on records the owner controls: sweep and inspection logs, work orders, prior complaints, and incident history at the same location.
The conditions that cause serious falls recur across property types: spills and tracked-in water without warning or timely cleanup, freshly waxed or over-polished floors, transitions between flooring materials, broken or uneven pavement and raised sidewalk sections, missing or loose handrails, stairs built out of code with inconsistent riser heights, inadequate lighting in stairwells and garages, and unmarked changes in level. In retail settings, the design of the display and the traffic pattern often contribute as well.
Two practical points shape outcomes. First, video and sweep logs are routinely overwritten or discarded within days or weeks, so a preservation demand is urgent. Second, California applies pure comparative negligence, so an argument that you should have been watching reduces recovery by a percentage rather than defeating the claim. If the property is public, a written administrative claim is generally required within six months, which is far shorter than the ordinary deadline.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Hip and femur fractures, particularly in older adults
- Traumatic brain injury and subdural hematoma from a head strike
- Wrist, elbow and shoulder fractures from bracing a fall
- Spinal compression fractures and disc herniation
- Knee ligament tears and complex ankle fractures
- Complications and loss of independence following a fracture
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 responsible for the condition
- A tenant or business operator in control of the area
- A property management company
- A janitorial, landscaping or maintenance contractor
- A public entity where the hazard is on public property
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- Immediate preservation demand for surveillance video
- Sweep logs, inspection records, work orders and maintenance history
- Prior complaints and incident reports for the same condition or location
- Photographs and measurements of the hazard before it is repaired
- Code compliance analysis for stairs, handrails, lighting and slip resistance
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
Slip, Trip and Fall Injuries: common questions
Injured by slip & fall? 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.