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Slip, Trip & Fall · Premises Liability

California Slip and Fall Lawyers.
The property owes you a safe condition.

If you slipped, tripped, or fell on someone else's property in California, the owner may be liable under premises-liability law (Civ. Code § 1714). You generally have two years to file under CCP § 335.1, or six months if a public entity is involved (Gov. Code § 911.2). No fee unless we win.

Updated June 2026 · Reviewed by Jeff Yates, Esq. · CA Bar #332659
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First 72 Hours

What to do
after a California fall.

Slip-and-fall cases live and die on what you do in the first 72 hours. The condition that caused the fall is usually fixed within hours; the surveillance video is overwritten within days. These seven steps protect the case.

  1. 01

    Report the fall to the store, restaurant, or property manager.

    Get a written incident report on the spot. Ask for a copy. If they refuse, photograph the report being made and the employee taking it.

  2. 02

    Photograph the hazard before it's cleaned up.

    Wet spot, broken tile, missing handrail, torn carpet, ice patch, exposed wire, uneven sidewalk - get it from multiple angles with a coin or ruler for scale. The hazard is often gone by the next morning.

  3. 03

    Photograph any warning sign - or the absence of one.

    If there was a 'wet floor' cone, photograph its exact placement at the moment of your fall. If there wasn't one, photograph the empty area.

  4. 04

    Get witness names and phone numbers.

    Other customers, employees, anyone nearby. Names matter; positions in the store matter; what they saw matters.

  5. 05

    Get medical care, even if you feel okay.

    Hip fractures, head injuries, and back injuries often surface 24–72 hours later. An ER record from day-of is the single most credible piece of medical evidence.

  6. 06

    Save the shoes and clothes you were wearing.

    The defense will sometimes argue your footwear contributed to the fall. Bagging the actual shoes preserves the rebuttal.

  7. 07

    Call a Devoted attorney before talking to insurance.

    We send a preservation letter to the property the same day - preserve the surveillance video, the maintenance logs, and any incident report. Without that letter, the video is usually overwritten in 14–30 days.

Talk to a Devoted Attorney

The hazard, the video, the witnesses - gone within days.

Premises cases are built on evidence that disappears fast. A preservation letter on day one is often the difference between a strong case and a 'we'll deny we knew about it' fight.

California Law That Applies

Four rules that
control premises cases.

Duty of Care

Civ. Code § 1714 - Ordinary care.

primary source →
Each person owes a duty to use ordinary care to prevent injury to others. Applied to property owners and occupiers, this means keeping the premises reasonably safe and warning of non-obvious hazards. CACI 1000 lays out the standard jury instruction.
Statute of Limitations

CCP § 335.1 + Gov. Code § 911.2.

primary source →
Two years from the date of the fall to file a lawsuit. But if the property is owned by a public entity - a city sidewalk, a county building, a state-run facility - you need to serve a notice of claim within six months under Gov. Code § 911.2. Miss either deadline and you may lose your right to recover.
Sidewalk Liability

Streets & Highways Code § 5610.

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California places the duty to maintain sidewalks fronting private property on the adjacent owner. Practical result: a fall on a broken sidewalk often involves both the adjoining property owner and the city. Both are typically named.
Comparative Fault

CACI 405 - Pure comparative.

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Your recovery is reduced by your share of fault, but you can still recover even if you were mostly at fault. Example: $50,000 damages, you're 40% at fault - you recover $30,000. The rule comes from Li v. Yellow Cab Co. (1975) and is applied through CACI 405.
Compensation You May Recover

What a fall claim
can cover.

California organizes damages into two categories. Past results do not guarantee a similar outcome.

Economic Damages
  • Emergency room, surgery, and rehab costs
  • Imaging (MRI, CT) and follow-up care
  • Future medical care, including hip-replacement revisions
  • Lost wages and lost earning capacity
  • Out-of-pocket and transportation costs
  • Home modifications (stair lifts, grab bars)
Non-Economic Damages
  • Pain and suffering - physical and emotional
  • Mental anguish, anxiety, and depression
  • Loss of enjoyment of life and mobility
  • Disfigurement and scarring
  • Loss of independence (especially in older adults)
  • Loss of consortium for a spouse or partner

Past results disclaimer. Prior results do not guarantee, warrant, or predict a similar outcome in your case.

A slip and fall hazard on a California property
Causes & Injuries
Hazards hide in plain sight — and the injuries run deep.
Common Causes

Where California falls happen.

  • Wet, freshly mopped, or spilled floors
    Grocery stores, restaurants, hotel lobbies, gym locker rooms.
  • Broken or uneven sidewalks
    Tree roots, settling concrete, missing slabs. Adjacent owner + city are often co-defendants.
  • Torn carpet, loose floor tiles, transition strips
    Hotels, offices, multifamily housing.
  • Poor lighting in stairs, parking lots, hallways
    Especially in apartment complexes and parking garages.
  • Missing or defective handrails
    Code-required handrails on stairs above a certain rise.
  • Construction debris, exposed wires, equipment
    Active construction zones and renovation projects.
  • Ice, rain, and storm debris
    Notice is the key issue - how long did the condition exist?
Common Injuries

What we see most often.

  • Hip fractures (especially in older adults)
    Frequently require surgical repair and months of rehab.
  • Wrist, arm, and shoulder fractures
    From the instinctive arm-out reaction during a fall.
  • Traumatic brain injury
    Even moderate falls can produce concussion or worse if the head strikes a hard surface.
  • Lower back and disc injuries
    Herniated discs, sciatic nerve impingement.
  • Knee and ankle injuries
    Torn meniscus, ACL/MCL tears, ankle fractures.
  • Lacerations and contusions
    Photograph as they evolve over the first two weeks.
  • Spinal cord injury
    Catastrophic - requires a life-care plan.
  • Wrongful death
    Particularly in older adult cases. Two years from date of death.
Talk to a Devoted Attorney

Talk to a California premises-liability attorney now.

Statewide Case Evaluations, 24/7. We'll send the preservation letter today and start mapping out the case.

What Happens After You Call

Three steps.
No fee unless we win.

01

Free case review.

Call (888) 760-2529. A licensed California attorney calls back, usually within the hour.

02

Preservation letter.

Same day. We demand the property retain surveillance video, maintenance logs, the incident report, and the employee witness statements.

03

We build and resolve the case.

Investigation, expert reconstruction, demand. If the insurer won't pay fair value, we file and litigate.

Case Results

Real results.
For real clients.

Names withheld for privacy, facts preserved for transparency. Each case is unique - yours included.

See all case results
Rollover Accident
Oceanside, CA · 2025
Recovered
$1.3M
$300K offered4.3×

A high school student sustained serious injuries requiring arm surgery after being involved in a rollover accident as a passenger. The incident occurred while exiting Interstate 5.

Read the case study
Bicycle Accident
Twentynine Palms, CA · 2025
Recovered
$600K
$30K offered20×

During an evening bike ride in Twentynine Palms, a father was struck by a distracted driver who ran a stop sign, leaving him with multiple fractures and requiring several surgeries.

Read the case study
Dog Bite
Sacramento, CA · 2023
Recovered
$505K
$100K offered

Walking his French bulldog in the morning, our client was suddenly attacked by a Cane Corso. He sustained multiple injuries, including bite wounds to his thigh, a chipped tooth, forehead abrasions, and a back injury.

Read the case study

Past results disclaimer. Prior results do not guarantee, warrant, or predict a similar outcome in your case. Each case is different and depends on its unique facts, the applicable law, and the available insurance coverage.

No Victory · No Fee

You pay nothing unless we win your case.

We work on a contingency fee basis. You pay nothing upfront, and we only get paid if we win your case.

Slip and Fall FAQ

California premises-liability questions, answered.

What is premises liability in California?
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Premises liability holds property owners and occupiers responsible for injuries caused by unsafe conditions on their property. The duty comes from Civ. Code § 1714: each person owes a duty of ordinary care to keep their property reasonably safe. CACI 1000 (the standard jury instruction) lays out the elements: duty, breach, causation, harm.
How long do I have to file a slip-and-fall claim in California?
+
Two years from the date of the fall under CCP § 335.1. If the property is owned by a public entity (a city sidewalk, a county building, a state-run facility), you need to serve a notice of claim within six months under Gov. Code § 911.2 - the short clock catches a lot of people.
Do I have to prove the property owner knew about the hazard?
+
Usually yes. California requires proof that the owner knew, or reasonably should have known, about the dangerous condition and failed to fix it or warn about it. 'Constructive notice' - that the condition existed long enough that they should have known - is often the key fight.
What if I was partly at fault for the fall?
+
California uses pure comparative negligence. Your recovery is reduced by your share of fault, but you can still recover even if you were mostly at fault. Example: damages of $50,000, jury finds you 40% at fault - you recover $30,000. CACI 405 governs.
What if I fell on a city sidewalk?
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California Streets & Highways Code § 5610 places duty on the abutting property owner to keep the sidewalk in repair. But the city is often a co-defendant. You need to serve a notice of claim on the public entity within six months under Gov. Code § 911.2 - a hard deadline.
What if there was a 'wet floor' sign?
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A warning sign does not automatically defeat the case. The question is whether the sign was adequately visible and timely, and whether the property took reasonable steps to remove the hazard. A photo of the sign's actual placement at the time of the fall is critical evidence.
What kinds of compensation can I recover after a California slip-and-fall?
+
Economic damages (medical bills past and future, lost wages, lost earning capacity, out-of-pocket costs) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment, loss of consortium for a spouse). Civ. Code § 3333 governs. Past results do not guarantee a similar outcome.
How much does it cost to hire a Devoted slip-and-fall attorney?
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We work on a contingency fee basis. You pay nothing upfront, and we only get paid if we win your case.
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