Slip and Fall FAQ
At Sky Law Group, we understand that navigating a slip and fall claim can be overwhelming. Below are answers to the most common questions our Orange County clients ask. If you need personalized guidance, call us at (714) 554-4411 for a free consultation.
What is premises liability in California?
Premises liability is the legal principle that property owners and occupiers have a duty to maintain their property in a reasonably safe condition. When they fail to address dangerous conditions such as wet floors, uneven surfaces, poor lighting, or broken handrails, they can be held legally responsible for injuries that result. This applies to businesses, private property owners, and government entities.
How do I prove a slip and fall claim?
You must demonstrate four elements: the property owner owed you a duty of care, they knew or should have known about the hazardous condition, they failed to fix or adequately warn about the danger, and that failure directly caused your injury. Evidence such as incident reports, surveillance footage, maintenance logs, witness testimony, and photos of the hazard are crucial to proving your case.
What if I slipped in a store or restaurant?
Commercial establishments owe a high duty of care to their customers. If you slipped on a wet floor, spilled product, or other hazard, the business may be liable if they created the hazard, knew about it and failed to address it, or should have discovered it through reasonable inspection practices. Document everything and report the incident to management before leaving.
Can I file a claim if I fell on government property?
Yes, but claims against government entities have strict requirements. You must file a Government Tort Claim within six months of the incident, not the standard two-year statute of limitations. The claim must be filed with the specific government entity responsible for the property. If they deny your claim, you then have six months to file a lawsuit.
What compensation is available for slip and fall injuries?
You may recover medical expenses (current and future), lost wages and diminished earning capacity, pain and suffering, emotional distress, and in some cases, punitive damages if the property owner acted with willful disregard for safety. Common slip and fall injuries include broken bones, head trauma, back and spinal injuries, and torn ligaments, all of which can require extensive treatment.
What if I was partially at fault for my fall?
California’s comparative negligence rules still allow you to recover damages even if you share some responsibility. For example, if you were texting while walking and slipped on an unmarked wet floor, a jury might assign you 30% fault. You would still recover 70% of your total damages. The property owner’s liability is not eliminated simply because you were partially distracted.
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