Glendale Slip & Fall Accident Lawyers

What must be shown in a slip and fall claim?

California Civil Code section 1714 establishes the general responsibility to use ordinary care in managing property. In a premises claim, the questions typically include whether the defendant owned, occupied or controlled the property, failed to use reasonable care, and caused the claimant's harm.

The Judicial Council's premises liability instructions address reasonable care, including discovering unsafe conditions and repairing them or providing adequate warning. Notice often matters: what did the responsible party know, and what should a reasonable inspection have revealed?

A wet floor that appeared moments earlier presents different evidence questions from damaged stairs that had prompted repeated complaints. Ownership alone and the fact of a fall do not answer every legal question.

Conditions that may need investigation

Falls can occur in stores, apartment common areas, parking lots, stairways and other walking areas. The existing condition and the way people used the area matter more than a broad label for the location. Examples worth documenting include a spill, uneven flooring, torn carpet, inadequate lighting, damaged steps or a missing or loose handrail.

Several people or businesses may have different responsibilities for the same area. A store may occupy the space, a property company may manage it and a contractor may perform cleaning. Preserve names and correspondence so the relevant roles can be investigated. Public sidewalks and other public property can involve different liability and claim rules.

Document the condition before it changes

Medical attention and immediate safety come first. When it is safe, photographs should show both the specific condition and its surroundings. Include the walking route, lighting, signs and any warnings that were present. Do not move objects or recreate the scene for a photograph.

• Report the incident to the manager or responsible person and request a copy or identifying number for the report.
• Write down the time, exact location and names of anyone who saw the fall or the condition beforehand.
• Keep shoes and clothing in their post-incident condition when practical.
• Identify cameras and ask promptly about preserving relevant footage.
• Keep receipts or other records showing your presence at the location.

Do not guess how long a spill existed. A witness, inspection record or recording may answer a question that a photograph alone cannot. A preservation request can help identify needed material, but does not guarantee that footage exists or will be released immediately.

Connect the injury and losses to the incident

Falls can result in significant injuries. Tell your treating provider what happened and report symptoms accurately. Preserve medical records, bills and documents showing work absences or assistance you needed. The claim must connect the incident to the harm alleged, rather than relying only on the condition of the property.

Our premises liability practice includes evaluating medical expenses, income losses and the effect of injuries on daily life. Future needs require appropriate support. Neither the presence of a hazard nor a particular injury guarantees a settlement amount.

Prepare for a consultation and check deadlines

Bring the incident date, property address, photographs, report details and any communication from the owner or insurer. If you do not know the owner, the business name and exact location are useful starting points. Tell us if the incident happened while you were working or on public property.

California injury lawsuits generally have a two-year deadline, subject to exceptions. A public entity claim can have a much earlier deadline, commonly six months for an injury. The California Courts government claim guide explains the separate claim process. Checking the proper procedure early is important even while medical treatment continues.