Property owners have a legal duty to keep their premises reasonably safe. When they don't, and someone gets hurt, California law allows the injured person to seek compensation — but proving the claim takes specific evidence.
Property owners, tenants, and businesses in California owe visitors a duty of reasonable care to maintain safe conditions and to address hazards they know about — or should have known about — within a reasonable time. A slip and fall claim generally requires showing that a dangerous condition existed, that the property owner knew or should have known about it, that they failed to fix it or warn about it within a reasonable time, and that this failure caused your injury.
Simply falling on someone's property isn't enough on its own — the key question is whether the owner acted reasonably given the circumstances.
Wet or recently mopped floors without warning signs, uneven or broken flooring and stairs, poor lighting in stairwells or parking areas, loose mats or cords, and spills left unaddressed for an unreasonable amount of time.
You generally must show the property owner had actual notice of the hazard, or that it existed long enough that a reasonably careful owner should have discovered and fixed it through routine inspection.
If you were partly responsible — for example, distracted by your phone — California's comparative negligence rule reduces your compensation by your percentage of fault, but doesn't eliminate your claim entirely.
In California, personal injury claims — including slip and fall — generally must be filed within two years of the date of injury. If your fall happened on government-owned property (a public sidewalk, government building, or transit stop), a separate claim must typically be filed with the government entity within six months. Missing these deadlines can permanently bar your claim, regardless of how strong it otherwise is.
Notify the property owner, manager, or staff immediately, and ask for an incident report — even if your injury seems minor at first.
Photograph the hazard, your injuries, and the surrounding area before conditions change or get cleaned up.
Even seemingly minor falls can cause injuries — like fractures or soft tissue damage — that worsen without prompt treatment.
We'll evaluate the property owner's responsibility and help preserve evidence — including requesting surveillance footage — before it's lost.
This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Westwood Law Center. Legal advice must be tailored to the specific facts of your situation — nothing in this article should be relied upon as a substitute for consultation with a licensed attorney. The information here may not reflect the most current legal developments. If you have a legal issue, contact our office for a free consultation.
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