Practice Area
Slip & Fall Accidents Attorney in California
Property-negligence and hazardous-condition claims requiring liability proof.
Slip and fall claims in California
- How long do I have to file a personal injury claim in California?
- Most California personal injury claims must be filed in court within two years of the date of injury (Code of Civil Procedure § 335.1). If the claim is against a city, county, transit agency, school district, or other public entity, a written claim must first be presented to that entity within six months (Government Code § 911.2). Missing either deadline can end the claim permanently. A property owner or occupier owes a duty of reasonable care to keep the premises in a reasonably safe condition (Civil Code § 1714; Rowland v. Christian (1968) 69 Cal.2d 108), and liability generally turns on whether the owner created the hazard or had actual or constructive notice of it. When the property belongs to a public entity, the claim is for a dangerous condition of public property under Government Code § 835 and the six-month claim deadline in Government Code § 911.2 applies.
- What if I was partly at fault for the accident?
- California follows pure comparative negligence (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Being partly at fault does not bar recovery — compensation is reduced by the injured person's own percentage of fault. Under Civil Code § 1431.2, economic damages are joint and several among defendants, while non-economic damages are apportioned by each defendant's share of fault.
- What does it cost to hire a personal injury attorney?
- These cases are handled on a contingency fee — no fee unless we win. If the lawsuit does not succeed, the firm does not charge the client. The initial consultation is free.
- What compensation can I recover in a California injury claim?
- California allows recovery of economic damages — past and future medical expenses, lost earnings, lost earning capacity and out-of-pocket costs — and non-economic damages such as physical pain, mental suffering, inconvenience, disfigurement and loss of enjoyment of life (CACI 3903, CACI 3905). Punitive damages are available only where the defendant acted with oppression, fraud or malice (Civil Code § 3294). What any individual claim is worth depends on the evidence in that case; no lawyer can promise an amount.
- How is it shown that the owner knew about the hazard?
- The injured person must prove the owner or occupier created the condition or had actual or constructive notice of it in time to correct it. Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200 holds that constructive notice may be shown circumstantially, including from evidence about how often the area was inspected, which is why inspection and sweep records are central.
- What if I fell on a public sidewalk?
- Streets and Highways Code § 5610 places a duty to repair the sidewalk fronting a property on the abutting owner, while a claim against the city or county for a dangerous condition of public property arises under Government Code § 835 and must be preceded by a written claim within six months (Government Code § 911.2). Both possibilities are usually investigated together.
- Do I have to give the other side's insurance company a statement?
- Nothing in California law requires an injured person to give a recorded statement to another party's insurance company. Your own policy is different: auto policies contain a cooperation clause, so notify your own insurer promptly. Insurance Code § 790.03(h) bars an insurer from misrepresenting facts or policy provisions to a claimant, but the adjuster still represents the other side's interests.
- How long does a personal injury case take in California?
- The length of a case depends on medical treatment, disputes over liability and the court's calendar, so no schedule can be promised. Two timing rules shape every case: the complaint must be filed within the limitations period, and once filed, an action must be brought to trial within five years (Code of Civil Procedure § 583.310). Many claims resolve before trial; some do not.
- Who pays my medical bills while the claim is pending?
- In the meantime, treatment is usually paid by health insurance, by medical payments coverage on an auto policy where that coverage exists, or by a provider who agrees to wait for payment. A provider or health plan that paid may assert a lien or right of reimbursement against any later recovery, and Civil Code § 3040 limits how much certain health-care service plan liens may take from a settlement. These amounts are resolved when the claim resolves.
What to do after a slip and fall
- Report the fall to the manager on duty and ask for a written incident report and a copy before you leave.
- Get medical attention and follow through with the treatment your provider recommends; gaps in care are routinely used to dispute an injury.
- Report the incident and get the report number — a police, transit, or property-owner incident report creates a dated record.
- Photograph the scene, vehicles or hazard, and visible injuries, and write down the names and phone numbers of any witnesses.
- Give no recorded statement and sign no release or medical authorization for an insurer before getting legal advice.
- Note both deadlines that may apply — two years under Code of Civil Procedure § 335.1, and six months to present a claim to a public entity under Government Code § 911.2.
To speak with a California Personal Injury Attorneys lawyer about a slip and fall claim, call (800) 800-8910. The consultation is free and the line is answered 24 hours a day, Monday through Sunday.
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Why We Need a Slip & Fall Attorney in Encino, CA
A slip and fall can leave us hurting, shaken, and unsure what to do next, especially when the property owner starts shifting blame right away. In California, these claims often come down to fast action, proof of the unsafe condition, and the state's premises liability rules, so timing matters.
When we wait too long, photos disappear, witnesses forget details, and the insurance company gets a head start. That is why we help injured people protect their rights early, deal with adjusters, and get clear guidance on what their case may be worth. If you need a closer look at how these cases work, we also explain how property owners are held liable for slip and fall injuries.
At California Personal Injury Attorneys, we are based in Encino and ready to step in from the start. Our trial-tested team has handled serious injury cases since 1999, and we prepare every case like it may go to court. If you're ready to talk with us, Get a Free Case Review any time, day or night, at (800) 800-8910.
When a slip and fall becomes a legal case
A fall becomes a legal case when the injury traces back to a dangerous condition that a property owner, landlord, tenant, or manager failed to fix or warn about. We look at what caused the fall, who controlled the area, and whether they knew, or should have known, about the hazard.
That matters because a simple stumble is not always the same as a premises liability claim. In California, the key question is whether someone failed to keep the property reasonably safe. If the answer is yes, the fall may move from an accident scene to a claim for medical bills, lost wages, and other damages.
The condition matters as much as the injury, because liability starts with proof of an unsafe property.
Common hazards that lead to falls
Many slip and fall cases start with the same kinds of hazards. We often see wet floors, spilled food or drinks, broken pavement, loose mats, poor lighting, uneven steps, cluttered walkways, and missing warning signs. Any one of these can turn a normal trip through a store, apartment complex, parking lot, or office building into a serious injury.
These problems may seem small at first glance, but they can cause major harm. A cracked sidewalk outside a business, for example, can send someone face-first to the ground. A dark stairwell or a missing "wet floor" sign can make the danger worse, because people do not have a fair chance to avoid it.
Common warning signs include:
Floors that stay wet without cleanup or cones
Staircases with broken edges or loose handrails
Hallways blocked by boxes, cords, or equipment
Mats that curl up or slide underfoot
Uneven pavement, potholes, or broken tiles
If we can point to one of these conditions, we may have the start of a valid claim. For more on the early steps that help protect the case, we also discuss what to do after a slip and fall in Los Angeles.
Who may be responsible for the dangerous condition
Liability often reaches more than one person or business. The property owner may be responsible, but so may the landlord, tenant, property manager, maintenance company, or cleaning crew, depending on who controlled the area and who had the duty to correct the hazard.
That is why we do not stop at asking who owns the property. We ask who inspected the area, who was supposed to clean it, who received complaints, and who had time to fix the problem before the fall happened. In an Encino apartment building, for example, a landlord might be responsible for a broken stairwell, while a maintenance company may be responsible for a hazard they failed to repair.
California also uses comparative fault, so the other side may try to shift blame onto the injured person. Still, partial fault does not end a claim. It only affects how damages may be divided, which is why we focus on the facts early and document the scene before evidence disappears.
When the property condition, control, and notice line up, the case may belong in the hands of a slip and fall attorney in Encino who knows how these claims work under California law.
If the injury is serious, the insurance company starts calling, or the property owner blames us right away, we should speak with a lawyer quickly. We can help protect the record, deal with the adjuster, and move the claim forward. For a free, confidential review, we can contact Get a Free Case Review any time, day or night, at (800) 800-8910.
What California law means for your slip and fall claim
California law gives us a path to recover compensation after a slip and fall, but it also gives the other side room to fight back. That means the details matter. We have to show that a dangerous condition existed, that someone responsible knew or should have known about it, and that the hazard caused the injury.
In many cases, the insurance company will try to shift blame quickly. They may say we were distracted, moving too fast, or not watching where we were going. That is why we look at the facts before accepting their version of events. A claim can rise or fall on those first statements, so we should treat them with care.
If we want a better sense of how fault is measured in California, we can also look at how California comparative negligence rules work.
How comparative fault can reduce compensation
California follows pure comparative fault, which means we can still recover money even if we share some blame. The catch is that our compensation drops by our share of fault. So if a case is worth $100,000 and a jury finds us 20% at fault, the recovery becomes $80,000.
That number can change fast once the defense gets involved. For example, a property owner may argue that we ignored a warning sign, while we may have never seen one because the area was poorly lit. Fault is often disputed, which is why we should not admit responsibility at the scene or make casual statements to an insurer.
One short comment to an adjuster can be used later to reduce the value of a valid claim.
We often see insurance companies push for blame-shifting early. Because California law allows recovery even when we are partly at fault, their goal is usually to raise our fault percentage and lower the payout. That is one reason a trial-ready team matters when the evidence is contested.
Why deadlines matter so much in California
Time matters in slip and fall cases because evidence fades and legal rights can expire. In California, most personal injury claims must be filed within two years of the injury, and waiting can make that deadline feel much shorter than it looks on paper.
Delays also hurt the proof we need. Witnesses forget what they saw, surveillance video gets erased, and the dangerous condition may get repaired before we document it. Once that happens, it becomes harder to show what caused the fall and who was responsible.
A few early steps can protect the claim:
Get medical care right away and keep every record.
Take photos of the hazard, the shoes worn, and the scene.
Write down witness names while the details are still fresh.
Avoid detailed statements to the property owner's insurer.
The sooner we act, the better we can preserve the record and keep the case on track. If we need help with a slip and fall claim in Encino or anywhere in Los Angeles, we can speak with California Personal Injury Attorneys, and we can Get a Free Case Review any time, day or night, at (800) 800-8910.
The evidence that can make or break the case
In a slip and fall claim, the facts matter more than guesses. We need proof of what the hazard was, who knew about it, and how the injury changed daily life. When the evidence is clear, the insurance company has a harder time brushing the case aside.
That proof often disappears fast. A wet floor gets mopped, a broken step gets repaired, and a manager may say the condition never existed. For that reason, early evidence collection can make the difference between a strong claim and a weak one.
Photos, video, and incident reports
Scene photos are often the first piece of the puzzle. We want pictures of the hazard, the surrounding area, the lighting, warning signs, footwear, and any visible injuries. A single photo can say more than a long statement, especially when it shows a spill, cracked pavement, or a poorly lit stairwell.
Video can be even better. Store footage, security camera recordings, and cellphone clips can show how the fall happened and whether the danger was left unattended. If the property repairs the problem right after the incident, that footage may be the best evidence we have.
Written reports also matter. An accident report, a manager's internal note, or even a complaint made before the fall can help show the property owner had notice. We also look for written complaints from tenants, customers, or visitors, because those records can reveal a pattern the owner may want to hide.
If the accident happened in a place that moves fast, like a grocery store or apartment complex, we should act quickly. The safest approach is to preserve the scene before it changes and review the immediate steps after a Los Angeles slip and fall.
Medical records and proof of losses
Medical records connect the fall to the injury. Treatment notes, diagnosis records, imaging results, prescriptions, and follow-up visits help show what happened and how serious it was. They also help rule out arguments that the injury came from somewhere else.
We also need records that show the financial impact. Missed work documents, pay stubs, employer notes, receipts, and out-of-pocket bills help prove the real cost of the injury. When someone misses shifts, needs physical therapy, or pays for medication, those losses add up fast.
A few records can carry real weight:
Emergency room or urgent care notes
Doctor follow-up visits and specialist referrals
Work absence records and wage proof
Pharmacy receipts and medical bills
If the paper trail is thin, the insurance company will usually argue that the injury was minor or unrelated.
Strong medical documentation helps us show the full picture, not just the first day after the fall. It can also support claims for ongoing pain, limited movement, and future care.
Witness statements and maintenance records
Witnesses can fill in the gaps. A person who saw the fall, noticed the hazard, or heard the property owner admit the problem can confirm details we cannot prove with photos alone. Their memory can help establish the condition of the floor, staircase, walkway, or parking area right before the incident.
Maintenance records matter for the same reason. Inspection logs, cleaning schedules, repair requests, and work orders can show whether the property owner ignored a known risk. If the records are missing, incomplete, or full of long gaps, that can help us show neglect.
We also look for repeated complaints. When a tenant, customer, or employee reports the same problem over and over, it can show the owner had notice and did not act fast enough. That kind of evidence often shifts the case from a simple accident to a preventable injury.
When the evidence starts to line up, the claim gets stronger. That is the point where having a trial-ready team matters, because we can organize the record, push back on blame-shifting, and present the facts in a way that supports full compensation.
How we build a stronger slip and fall case
A strong slip and fall case starts with speed, clear proof, and a careful look at the property conditions that caused the fall. We do not wait for the insurance company to control the story. We move fast, preserve the evidence, and build the file from the ground up.
That matters in Encino and across Los Angeles, where busy properties change quickly. A spill gets cleaned, a broken step gets repaired, and a witness walks away. Once that happens, the case gets harder to prove.
Why quick investigation can change the outcome
The first hours after a fall often matter the most. We want to protect surveillance video, identify witnesses, and document the hazard before it disappears. A store camera can overwrite footage, and a landlord may repair a broken stair without keeping a record of how it looked before.
We also look for small details that help explain the fall later. That includes wet floors, poor lighting, loose mats, debris in a walkway, or a missing warning sign. Photos, incident reports, and witness notes can make the difference between a claim with teeth and one built on guesswork.
When possible, we also keep copies of every communication, including emails, letters, and notes from calls. That paper trail helps us track what was said, when it was said, and whether the property owner knew about the danger before the fall.
If the injury is serious, early medical documentation matters too. Records help tie the fall to the harm, including common slip and fall injuries, such as sprains, fractures, head trauma, and back pain.
How we deal with insurers and settlement offers
Insurance companies often try to settle quickly and cheaply. We review every offer with care, because the first number is often aimed at closing the file, not paying the full value of the claim. If the offer ignores future treatment, missed work, or long-term limits on daily life, we push back.
We look beyond the first round of medical bills. Some injuries need physical therapy, follow-up care, injections, surgery, or time away from work that lasts far longer than the insurer wants to admit. Pain also matters. So does the impact on sleep, driving, walking, and basic routines.
A fair offer should reflect the full cost of the injury, not just the first doctor visit.
We also prepare each case as if trial may be needed later. That approach helps us stay ready when an insurer tries to minimize pain, lost wages, or future care needs. It also helps us stay focused on the evidence, not pressure tactics.
When a case may need to be filed in court
Some claims settle at the table, but not all of them do. If the other side refuses to pay fairly, filing a lawsuit may be the right next step. That does not mean we are looking for a fight. It means we are refusing to let a low offer decide the value of a serious injury.
Trial readiness often improves negotiation leverage, because insurers know we are prepared to prove the case. That preparation includes witness statements, medical records, scene photos, maintenance history, and, when needed, expert review of the hazard and the injury. It also means we stay ready for the defenses that usually come up, such as blame-shifting or claims that the danger was minor.
We handle that process for injured people throughout Encino and Los Angeles, and we do it on a contingency fee basis, so there are no fees unless we win. If we need help right now, we can contact Get a Free Case Review any time, day or night, at (800) 800-8910.
Practical next steps after a fall in Encino
The minutes after a fall can feel blurry. Pain, embarrassment, and shock can make even simple decisions harder, so we focus on the basics first. The goal is to protect health, preserve proof, and avoid small mistakes that can hurt the claim later.
We often see people try to "walk it off" or wait until the next day. That can backfire, because a sore hip, stiff neck, or mild headache may point to a fracture, soft tissue injury, or head trauma. Acting early gives us a better chance to document what happened and connect the injury to the fall.
Get medical care right away
We should get checked by a doctor as soon as possible, even if the pain seems mild at first. Some injuries hide beneath the surface, especially fractures, concussions, back injuries, and tears in muscles or ligaments. What feels like soreness today can turn into lasting pain tomorrow.
Prompt treatment also creates a medical record tied to the fall. That record matters later, because insurance companies often question delays in care. Follow-up visits matter too, since they show whether symptoms got worse, improved, or needed more treatment.
If we leave the scene and start feeling dizzy, confused, or unsteady, we should treat that as a warning sign. A same-day visit to urgent care, a doctor, or the ER can protect both health and the claim.
Save the proof before it disappears
Evidence changes fast after a fall, so we need to save what we can right away. Photos of the hazard, the floor, the stairs, the sidewalk, and the surrounding area can help show what caused the fall. Pictures of visible injuries are important too, especially in the first hours and days.
We should also keep the items we had on us and wore that day. That includes clothing, shoes, and anything that shows stains, tears, or debris from the fall. Medical paperwork, discharge instructions, prescriptions, and visit summaries should all stay in one place.
Other details can matter just as much:
Names and phone numbers of anyone who saw the fall
Text messages or emails about what happened
Copies of incident reports or written complaints
Notes about pain, missed work, and daily limits
If the property owner fixes the hazard later, we may lose the best proof of the unsafe condition. That is why early documentation is so important.
Avoid common mistakes with insurance companies
Insurance companies often move quickly after a fall, but that does not mean we should rush. We should avoid guessing about fault, because a casual comment can be used against us later. Even saying "I wasn't watching" or "maybe it was my shoes" can give the insurer more room to shift blame.
We also should not sign away rights before we understand the full value of the case. A quick release can end the claim before we know the full cost of treatment, missed wages, or future care. Once that paper is signed, it can be very hard to reopen the matter.
Quick settlement offers deserve extra caution. They often arrive before the full injury picture is clear, which means they may leave out follow-up care, therapy, or lasting pain. Before we accept anything, we should review the medical records, the evidence, and the long-term impact of the fall with counsel.
If the insurer is pushing for a statement or a fast payout, we should slow the process down. We can speak with California Personal Injury Attorneys, get clear guidance, and let our team handle the pressure while we focus on recovery. Get a Free Case Review any time, day or night, at (800) 800-8910.
What compensation may include in a serious slip and fall claim
When a fall leads to broken bones, head trauma, or lasting pain, the claim often goes far beyond the first ER bill. We look at the full picture, including what we already paid, what we still owe, and what the injury may cost us later. That usually means both money losses and the human cost of the injury.
Under California law, a serious slip and fall claim can include several kinds of damages. The exact mix depends on the facts, the medical proof, and how the injury affects work, mobility, and daily life. When we understand those parts early, we can push back on low offers that ignore the bigger picture and review how premises liability works in Los Angeles.
Economic losses and future medical care
Economic losses are the out-of-pocket costs tied to the fall. These are the bills and expenses we can usually document with records, receipts, and wage statements. In a serious case, that can add up fast.
Common examples include:
Emergency room and hospital bills for the first treatment after the fall
Surgery costs if the injury needs repair or stabilization
Physical therapy and rehab for strength, balance, and movement
Medication expenses for pain, swelling, or infection control
Follow-up visits with doctors, specialists, or imaging centers
Missed work and lost wages when the injury keeps us off the job
Future care matters just as much. Some injuries do not heal in a few weeks. They need ongoing therapy, injections, assistive devices, or more surgery later. If we only look at the first bill, we may miss the real cost of recovery.
A fair claim should account for both the bills we already have and the care we still may need.
That is why medical records, work records, and doctor opinions matter so much. They help show whether the injury is temporary or long-term, and whether our future needs are likely to grow. If the insurance company tries to treat a major injury like a short-term sprain, we can challenge that with the paper trail.
Pain, stress, and changes to daily life
Serious slip and fall injuries also affect life in ways that do not show up on a receipt. California law allows recovery for that kind of harm too. Pain, stress, and lost independence can all be part of the claim when the evidence supports them.
We may deal with chronic pain that makes sleeping, sitting, standing, or walking harder than before. Mobility limits can keep us from driving, exercising, lifting, or working the way we used to. Even simple routines, like carrying groceries or getting dressed, can become frustrating or exhausting.
The emotional side matters as well. Anxiety after a bad fall is common, especially when we fear another accident or worry about money. Some people also feel embarrassed, isolated, or dependent on family for basic tasks they handled alone before the injury.
These are the kinds of losses that can change the rhythm of daily life:
Less independence at home and at work
Trouble keeping up with family responsibilities
Missed events, hobbies, and exercise
Ongoing stress about pain and medical visits
When we present these harms clearly, we give the claim real weight. A serious fall is not just a moment on the floor, it can reshape how we live for months or longer. If we want help measuring the full value of the case, we can contact Get a Free Case Review any time, day or night, at (800) 800-8910.
Questions people ask before hiring a slip and fall attorney
After a fall, we usually have the same concerns: how much time we have, whether a case is still valid if we made a mistake, and when we should bring in a lawyer. Those questions matter because slip and fall claims move fast, and small details can shape the outcome. We handle these cases across Encino, Los Angeles, and statewide California, so we know how often the first answers set the tone for everything that follows.
How long do we have to file in California?
For most slip and fall claims in California, we have two years from the date of the injury to file a lawsuit. That deadline comes from California personal injury law, and once it passes, the court can bar the claim even if the facts are strong.
If the fall happened on public property or involves a government entity, the deadline is much shorter. In many cases, we must file a government claim within six months. That shorter clock can surprise people, so we should not wait to get legal help.
If we want a broader look at these filing rules, we can also review California personal injury statute of limitations.
Deadlines in slip and fall cases can move quickly, especially when public property is involved.
A missed deadline can end the case before it really starts. That is why early review matters, even when the injury seems manageable at first.
Can we still recover money if we were partly at fault?
Yes, we often can. California uses comparative fault, which means our compensation can go down if we share some blame, but the case does not automatically end. If we were distracted, wearing the wrong shoes, or missed a warning sign, the defense may use that to reduce the value of the claim.
Still, partial fault is not the same as no case. If a property owner left a floor wet, failed to fix broken steps, or ignored a known hazard, they may still be responsible for part of the harm. The final recovery depends on how fault is divided, not just on one side's first argument.
This is where careful documentation helps. Photos, witness statements, medical records, and incident reports can show what really happened, instead of letting the insurance company shape the story alone.
When should we call CPIA?
The best time is as soon as possible after the fall. Early action helps us preserve photos, video, witness names, and medical proof before those details fade or disappear. It also gives us time to review the claim before the filing deadline gets close.
We should call right away if any of these apply:
The property owner blames us quickly
The injury needs medical treatment or time off work
The dangerous condition may get repaired soon
The fall happened on government property
The insurer is asking for a statement
At California Personal Injury Attorneys, we handle these cases on a contingency fee basis, so there are no fees unless we win. We also give direct attorney access, which means we can answer questions before the case gets lost in paperwork. If we need help now, we can Get a Free Case Review any time, day or night, at (800) 800-8910.
For injured people in Encino and throughout Los Angeles, early legal help can make the next steps clearer and safer.
Conclusion
A slip and fall can leave us dealing with pain, bills, and more questions than answers. What matters most is acting quickly, preserving proof, and holding the right party accountable under California law.
When the property owner blames us or the insurer pushes for a fast payout, we do not have to carry that fight alone. At California Personal Injury Attorneys, we prepare every case for trial, handle the legal work, and keep communication direct with our team, including Bob Amirian and Payam.
If we need help now, we can call (800) 800-8910 any time, day or night, or use Get a Free Case Review. We work on contingency, so there are no fees unless we win.
How falls and premises injuries happen
- Liquid, produce or debris left on a floor between inspections in a store or restaurant.
- Recently cleaned or waxed floors without warning signage.
- Broken, uneven or missing pavement, and raised sidewalk slabs.
- Stairs and landings with damaged treads, loose or missing handrails, or inconsistent riser heights.
- Unlit stairwells, walkways, parking structures and corridors.
- Exposed cords, mats that curl, open floor grates, and unguarded elevation changes.
- Falling merchandise from overhead shelving.
What has to be proven
A California negligence claim has four elements, set out in CACI 400: the defendant owed the injured person a duty of care, the defendant breached that duty, the breach was a substantial factor in causing harm, and the injured person suffered harm. Ordinary care is the care a reasonably careful person would use in the same situation (CACI 401).
Some rules shift that analysis. Where a statute intended to prevent this kind of harm was violated, negligence may be presumed under Evidence Code § 669 — the violation is treated as negligence unless the defendant shows the conduct was excusable. Where a defect in a product caused the injury, strict products liability applies and no proof of carelessness is required (Greenman v. Yuba Power Products (1963) 59 Cal.2d 57).
The burden of proof in a civil injury case is a preponderance of the evidence (Evidence Code § 115) — more likely than not, which is a lower standard than the criminal one. Whether the deadlines below were met is decided separately from the merits, which is why the dates matter as much as the facts.
Notice, inspections and public sidewalks
A property owner or occupier owes a duty of reasonable care to keep the premises in a reasonably safe condition (Civil Code § 1714; Rowland v. Christian (1968) 69 Cal.2d 108). Liability usually turns on notice: the injured person must show the owner created the hazard, knew of it, or should have discovered it through a reasonable inspection. Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200 holds that constructive notice may be shown circumstantially, including from evidence about how often the area was actually inspected — which is why sweep logs, inspection records and store video are requested early.
An owner is not liable for every hazard. A condition that is open and obvious may negate the duty to warn, though a duty to remedy can remain where encountering the condition is necessary. Where a recreational activity is involved, the primary assumption of risk doctrine can bar a claim for risks inherent in the activity (Knight v. Jewett (1992) 3 Cal.4th 296).
Falls on public sidewalks involve a second layer. Streets and Highways Code § 5610 places the duty to repair the sidewalk fronting a property on the abutting owner, while a claim against a city or county for a dangerous condition of public property arises under Government Code § 835 and must be preceded by a written claim within six months (Government Code § 911.2). Both possibilities are normally investigated together, because the responsible party is not always obvious from the location.
California deadlines that control the claim
A personal injury action must be filed in court within two years of the date of injury (Code of Civil Procedure § 335.1). Where the claim is against a city, county, transit agency, school district or other public entity, a written claim must first be presented to that entity within six months (Government Code § 911.2); if that period passes, an application to present a late claim must be made within one year of the incident (Government Code § 911.4).
Other filing periods can apply to the same set of facts. A claim for injury caused by a professional's negligence in a medical setting is governed by Code of Civil Procedure § 340.5, and a minor's claim is generally tolled during minority under Code of Civil Procedure § 352 — but that tolling does not extend the six-month government claim period. Where the injured person cannot reasonably have discovered the injury or its cause, the delayed discovery rule may postpone the start of the period (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797).
Missing an applicable deadline generally ends the claim regardless of how strong the underlying facts are, which is why the two dates above are the first thing to establish.
Economic and non-economic damages under California law
California divides compensatory damages into two categories. Economic damages are objectively verifiable monetary losses; non-economic damages are subjective, non-monetary losses (Civil Code § 1431.2(b)). The distinction has a practical consequence: economic damages are joint and several among defendants, while non-economic damages are apportioned to each defendant in proportion to that defendant's own share of fault.
Past medical expenses are limited to the amounts actually paid or still owed for the treatment, not the amount originally billed (Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541). Future medical care and future lost earning capacity are recoverable where they are reasonably certain to occur (CACI 3903A, CACI 3903D). Payments the injured person received from their own insurance are generally not deducted from the recovery under the collateral source rule (Helfend v. Southern Cal. Rapid Transit Dist. (1970) 2 Cal.3d 1).
Punitive damages are a separate category and are not available in an ordinary negligence case. They require clear and convincing evidence that the defendant acted with oppression, fraud or malice (Civil Code § 3294). What any particular claim is worth depends on the medical records, the wage evidence and the liability proof in that case; no lawyer can promise an amount.
- Economic: emergency and hospital care, surgery, imaging, medication, physical therapy and reasonably certain future treatment.
- Economic: wages already lost, and loss of future earning capacity where the injury limits the ability to work (CACI 3903D).
- Economic: household services that now have to be paid for, mileage to treatment, assistive equipment and home modification.
- Economic: property damage, including the vehicle, a bicycle, a helmet or clothing destroyed in the incident.
- Non-economic: physical pain, mental suffering, anxiety, humiliation, inconvenience, grief and emotional distress (CACI 3905A).
- Non-economic: disfigurement, physical impairment and loss of enjoyment of life, each valued on the evidence rather than a formula.
Los Angeles County context
Most injury actions arising in Los Angeles County are filed in the Superior Court of California, County of Los Angeles, and the court assigns designated personal injury cases to dedicated departments at the Stanley Mosk Courthouse, 111 North Hill Street, Los Angeles. Venue is generally proper where the injury occurred or where a defendant resides (Code of Civil Procedure § 395).
Public entities in the county each have their own claim channel, and the six-month period in Government Code § 911.2 runs regardless of which one applies — a claim arising on a Metro bus or rail line goes to the Los Angeles County Metropolitan Transportation Authority, a claim involving a City of Los Angeles street or sidewalk goes to the City Clerk, and a claim involving a school campus goes to the district. Claims involving Caltrans facilities, including the interstates and state routes that run through the county, are presented to the Department of General Services under Government Code § 915.
Collision and incident reports come from the agency that responded: the Los Angeles Police Department, the Los Angeles County Sheriff's Department, a city police department, or the California Highway Patrol for freeway collisions. The reporting agency determines how the report is requested and how long it takes to become available, which affects how early the evidence in a claim can be reviewed.
Who handles your slip & fall accidents case
- Bob Amirian, Co-Founder · Litigation Partner — handles trial work and appeals
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Guides on slip & fall accidents
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