California Slip and Fall Laws

California Slip and Fall Laws

Did you fall on someone’s property and suffer an injury, such as a concussion, dislocation, or broken ankle? California’s slip and fall laws may allow you to file a lawsuit for compensation. Your slip and fall claim may be successful if you can prove that a property owner didn’t practice reasonable care to repair or warn of a dangerous property condition and that condition led to your injuries.

Learn about California slip and fall laws below, and contact a slip and fall accident attorney to find out if you have a case.

Schedule a Free Initial Consultation

Slip and fall Claim Statistics

More than one million people nationally go to the ER yearly because of slip and fall accidents. About 3,000 people need medical treatment for their injuries daily. Many who suffered an injury may not seek medical care so that the real numbers can be higher. The Bureau of Labor Statistics reports that 16 percent of fatal work events in California in 2022 were falls, slips, and tips.

Broken bones are the most frequent slip and fall injuries, and older adults are more likely to fall and be injured. Severe brain injuries also are common in many slip and fall accidents across the country. Many injury victims miss at least 11 workdays from the accident. Most slip and fall claims end in a settlement with the property owner’s insurance company.

When you hire a skilled personal injury attorney, you will most likely obtain maximum compensation in a slip and fall claim. They possess the legal knowledge and skill in personal injury claims to get what you deserve. Most personal injury attorneys are only paid if they win your case, so they are strongly motivated to produce results and money for you.

What Causes Slip and Fall Accidents In California?

A slip and fall accident is one of California’s most common personal injury claims. They happen when a person injures themselves on someone’s property, such as a home, restaurant, bar, or grocery store, because of the owner’s negligence. Common reasons for slip and fall accidents are:

• Broken steps
• Steps without handrails
• Uneven carpeting or flooring
• Slick or wet floors
• Spills
• Poor stocking of shelves and goods
• Not spreading out runner carpets when it’s raining and afterward.
• Poor flooring materials that are too slippery
• Exposed cables
• Dimly lit hallways and rooms

Recovering damages in a California slip and fall claim requires your personal injury attorney to prove that the property owner is liable for the accident.

California Premises Liability Definition

Premises liability is a legal term that discusses the legal role that property owners have in keeping their properties safe for private and public guests. California’s premises liability laws deal with the circumstances when a property owner is liable for injuries on their property. A personal injury lawsuit can arise if a visitor injures themselves on a property because the owner was reckless or negligent. They can file a personal injury claim with the help of a personal injury attorney.

California Civil Code 1714 states that premises liability states that property owners are responsible for the injuries caused to guests and visitors to their properties if there is ‘a want of ordinary care or skill in the management of the property or person.’ However, a visitor or guest also can be liable for their injuries if they ‘willfully or by want of ordinary care, caused the injury to themselves.

The law also states that property owners must keep the property safe, such as:

• Maintaining the business or home
• Inspecting the property often
• Warning guests of possible dangers
• Repairing hazardous conditions

If the property owner doesn’t keep it reasonably safe, you can receive compensation for your losses. These may include medical bills, physical therapy, lost earnings, future medical care, pain and suffering, and loss of earning capacity for a permanent injury.

So, if the steps to a rental home are broken, clear signs are warning of the danger, and the renter suffers an injury there, the defense would argue that the plaintiff injured themselves by a want of ordinary care. The damaged steps were marked with warnings and signs telling residents to take another entrance.

However, if the steps were broken without signs or warnings, and an injury occurs, the property owner can be liable.

Establishing Fault In A California Slip and Fall Claim

California laws state that the injured party must prove the property owner was negligent in obtaining compensation in a slip and fall claim. You and your personal injury attorney must prove that the owner did not exercise reasonable care to keep the property from hazards.

The question is always, ‘What is reasonable care’? Much depends on the case details. For example, a grocery store is expected to quickly clean up a spill in an aisle. But if the worker takes three hours to clean up the mess and someone falls, your attorney would argue that the business didn’t exercise reasonable care.

On the other hand, if you injured yourself in the spill and ignored several warning signs, you can be found responsible for your injury.

Trespassers And California Slip and Fall Claims

In most California slip and fall claims, a trespasser on the property doesn’t have the right to compensation in a personal injury lawsuit. However, there are several critical exceptions in state law:

• If the property lacked Private Property or No Trespassing signs, the injured person can still have a slip and fall claim because property lines weren’t clearly marked.
• If the property had a booby trap to harm a trespasser and it led to an injury, the victim can still file a claim.
• If the injured person is a minor, they usually have a slip and fall claim even if they were trespassing. Children are not usually considered liable for their actions. So, if a child sees your swimming pool and climbs the fence and drowns, you can be liable unless the pool has a fence or a cover. This claim can lead to liability under the attractive nuisance rule.

Statute Of Limitations In California

The statute of limitations under California Civil Code 3354.1 is the last important law relevant to California slip and fall claims. You have only two years from the date of your accident to file a lawsuit against the property owner. However, you have only six months to file if you suffered an injury on government property.

Some cases may cause injuries that you didn’t know about right away. California has a discovery rule that states you must file suit two years from the date you discovered the injury. So, if you suffered a back injury in a fall but didn’t know about it for three months, the two-year clock starts on the date you learned about the injury.

Schedule a Free Initial Consultation

Are California Slip and Fall Claims Difficult To Prove?

The critical requirement of a slip and fall lawsuit is proving that the property owner was negligent and caused your injuries. You should have a seasoned slip and fall attorney in charge of your case to prove the essentials of negligence:

• The property owner owed you a duty of care. For example, a grocery store owner owed you a duty of care to have a safe store where you have minimal chances of injury.
• They breached the duty of care by, for example, leaving an olive oil spill in the middle of the baking aisle for 30 minutes. No warning signs were posted.
• The breach led to your injuries, such as a broken ankle and elbow.
• You suffered damages, such as $15,000 in medical bills and lost earnings.

Proving that the property owner was aware or should have known about the hazard is subjective and depends on the case. In the case of a grocery store spill, your attorney may argue that the owner was aware of the condition but didn’t remedy it quickly. Nor did they place warning signs around the spill. On the other hand, if there were warning signs and you still stepped in the puddle, the defendant’s attorney can argue that you caused your own injury.

Your slip and fall lawyer will be by your side to protect your rights and argue that the other party’s negligence caused the accident.

You can try to negotiate your personal injury settlement with a difficult, demanding insurance company, but it isn’t recommended. A tenacious personal injury attorney can usually obtain better results. Here’s why:

Uses Their Legal Knowledge To Your Advantage

You probably don’t know California’s slip and fall and personal injury laws, so knowing how to succeed with your case can be hard. The steps in filing and proving a slip and fall case are complex, but your attorney has the skill and knowledge to file your case flawlessly. They’ll leverage their knowledge to get you the most money and avoid any mistakes that can complicate matters.

Negotiating Skill

Slip and fall lawyers have years of experience dealing with insurance companies to get the best settlements. They will rely on their experience and knowledge of local insurance adjusters and courts to determine the best way to obtain top compensation.

Estimating Your Case Value

Full compensation for your losses is critical to your recovery and health. Your slip and fall lawyer knows how to value a case’s medical expenses, future medical care, lost earnings, lost earning capacity, and pain and suffering.

Case Building

A personal injury attorney who has successfully settled hundreds of slip and fall cases will know how to best build and strategize in your case. If you try to negotiate your own settlement, you will probably make legal and procedural errors that reduce what you receive in compensation.

Trial Experience

Your slip and fall claim will probably settle out of court. However, you may need to go to trial, and your attorney will have the litigation and jury presentation experience to get a favorable verdict.

Most accident victims are glad they retained a personal injury attorney to settle their case. Even with legal fees, most accident victims receive more money than they can without legal assistance.

Common Mistakes In Slip and Fall Claims

Slip and fall claims occur every day in California. Unfortunately, injury victims may say and do things that damage their claims. First, they may decide to talk to the insurance company about the case. The insurance company will use your words against you to possibly damage your claim, so only talk to them with your personal injury attorney present.

Second, you may want to keep lawyers out of it and get a fast settlement from the insurance company. This is unwise. A fast settlement rarely covers all of your potential losses. You may be allowing the insurance company to boost its bottom line at your expense. Have a slip and fall attorney evaluate your claim after you get medical care.

Third, seek immediate medical care after a slip and fall on someone’s property. Your injuries must be documented quickly and connected to the accident on the property. This is essential to getting another party to compensate for your losses.

Contact A Slip and Fall Attorney Today

Did you slip and fall on another party’s property? You can receive compensation in a personal injury claim. A slip and fall attorney may help prove that the other party’s negligence caused your injuries. If the case is successful, you can receive compensation for medical bills, lost earnings, and more.

Speak to a personal injury lawyer in your community today. Your attorney is paid a portion of your settlement or jury award, so you don’t pay out of pocket. Most skilled slip and fall attorneys have a high success rate because they only take nearly certain cases to produce compensation.

Schedule a Free Initial Consultation