Slip and Fall Cases | Premises Liability

At Steve Crane Law, attorney Steve Crane and his team handle employment, discrimination and personal injury cases throughout California. Since 1995, attorney Steve Crane has successfully represented persons like you.

As an experienced lawyer, Steve can gauge when it makes sense to go to court. He knows that a letter or phone call — with proper wording and timing — can be more effective or cost-efficient than suing for damages or injunctive relief.

For those cases that must be presented to a judge or jury, he is eminently qualified to assert your interests.

If you have sustained a workplace injury, call attorney Steve Crane free. He and his team can assess the facts of your case and help you determine the best course of action to move forward.

To schedule a discrete and confidential consultation about your matter, call attorney Steve Crane free at (888) 855-4400.

Premises liability law in the San Fernando Valley and greater Los Angeles

Premises liability law in California empowers slip-and-fall and trip-and-fall victims to hold negligent property owners accountable when they or their loved ones suffer injury, harm, or death due to dangerous conditions on the owner’s premises.

Who can be held liable under California’s premises liability law?

Under California premises liability law, anyone in control of a property can be held liable if their negligence leads to an injury. This includes:

• Property owners – Property owners are primarily responsible for keeping their property safe for visitors. They should regularly maintain the property, fix known hazards, and warn of potential dangers.
• Tenants or lessees – Tenants or lessees who control a property or area of a property may be held liable if their negligence contributed to an unsafe condition.
• Property managers – Property managers overseeing a property’s maintenance and safety can be liable for accidents.
• Maintenance companies –Companies hired to maintain or repair a property can be held liable if they fail to do their job properly.
• Manufacturers of defective products – If a defective product causes an accident, the manufacturer may be liable.

To win a premises liability claim, you must prove that the defendant knew or should have known about the dangerous condition and failed to remove it, protect you from it, or warn you about it.

Premises liability law only applies to people lawfully on the property, not trespassers. However, property owners must take extra care to ensure their property is safe for children.

What are the key components of a case under California’s premises liability law?

To pursue a case against a property owner for slip-and-fall injuries in California, a victim must establish several elements:

• The property owner had a duty to protect.
• This duty was breached.
• The breach led to injuries.
• The extent of the harm incurred.

In cases where the victim’s comparative fault is questioned, it may impact the damages recoverable but does not absolve property owners of their duty to exercise reasonable care.

What is a property owner’s responsibility to invitees under California’s premises liability law?

California property owners must exercise reasonable care to safeguard invitees from foreseeable harm caused by hazardous land conditions. This duty includes warning invitees of known dangers and ensuring the premises are safe by conducting inspections, making repairs as necessary, and providing adequate warnings.

What is a property owner’s responsibility to invitees under California’s premises liability law?

California property owners must exercise reasonable care to safeguard invitees from foreseeable harm caused by hazardous land conditions. This duty includes warning invitees of known dangers and ensuring the premises are safe by conducting inspections, making repairs as necessary, and providing adequate warnings.

Who qualifies as an invitee under California’s premises liability law?

An invitee, as defined by California law, is someone invited onto a property for a commercial benefit to the possessor of the land, such as customers or individuals conducting business. There is an implied expectation of reasonable care to ensure the invitee’s safety due to the potential commercial advantage derived from their presence.

Call attorney Steve Crane free if you have sustained injury due to a property owner’s negligence. He and his team can assess the facts of your case and help you determine the best course of action to move forward.

To schedule a discrete and confidential consultation about your matter, call attorney Steve Crane free at (888) 855-4400.

What constitutes a breach of a property owner’s duty under California’s Premises Liability Law?

A property owner breaches their duty to invitees under California law when they fail to take reasonable measures to protect against foreseeable harm from dangerous conditions on the land. This encompasses neglecting necessary repairs or failing to provide adequate warnings.

What does reasonable care mean in terms of premises liability?

In California, reasonable care is a legal concept that requires people and organizations to act in a way that prevents harm to others. It’s a standard of conduct that requires people to act as a reasonably prudent person would in the same circumstances.

Here are some things to know about reasonable care in California:

Duty of care
This is the legal obligation to use reasonable care to avoid injuring others. It can be created by laws, court decisions, or the nature of a relationship between people. For example, a teacher owes a special duty of care to their students.

Premises liability
Property owners are responsible for using reasonable care to keep their property safe. This includes discovering unsafe conditions and fixing, replacing, or warning people about them.

Visitors
Property owners owe different levels of care to different types of visitors:

• Invitees: These are people who have the landowner’s permission to be on the property, such as friends, relatives, or neighbors. Landowners owe invitees the greatest duty of care.
• Licensees: These are people who have the landowner’s permission to be on the property for their own purposes, such as salespeople. Landowners owe licensees less of a duty of care than invitees. However, they should still warn licensees of any hazardous conditions.

To win a personal injury case in California, you must prove:

1. The defendant owed you a duty of care
2. The defendant breached that duty
3. You were injured as a result

Under California’s premises liability law, when is a property owner liable to a slip-and-fall victim?

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What is comparative fault under California’s Premises Liability Law?

A property owner in California is liable to a slip-and-fall victim when they fail to maintain their property in a reasonably safe condition. This means they knew or should have known about a dangerous condition on their property and did not take reasonable steps to fix it or warn visitors about it, which resulted in the victim’s injuries. Essentially, the owner must be negligent in maintaining the property for liability to apply.

Key points to remember:

Duty of care: Property owners have a legal duty to maintain their property in a reasonably safe condition for visitors.

Dangerous condition: A slip-and-fall claim requires proving that a dangerous condition existed on the property, like a wet floor, uneven surface, or poorly lit area.

Actual or constructive knowledge: The property owner must have known about the dangerous condition (actual knowledge) or should have known about it through reasonable inspections (constructive knowledge).

Failure to warn: If the property owner is aware of a hazard, they must take reasonable steps to warn visitors about it.

To prove a slip-and-fall claim in California, you must show:

1. The property owner owned or controlled the property where the fall occurred,
2. A dangerous condition existed on the property that caused the fall,
3. The property owner knew or should have known about the dangerous condition,
4. The property owner failed to take reasonable steps to fix the hazard or warn visitors about it, and
5. Your injuries were directly caused by the slip and fall.

Call attorney Steve Crane free if you have sustained injury due to a property owner’s negligence. He and his team can assess the facts of your case and help you determine the best course of action to move forward.

To schedule a discrete and confidential consultation about your matter, call attorney Steve Crane free at (888) 855-4400.

Does California law require property owners to protect against snow and ice?

Yes, California’s premises liability law mandates property owners to take reasonable care to protect invitees against the hazards of natural ice and snow accumulation on their property. Factors such as the timeliness and adequacy of safety measures are considered in determining whether a property owner breached their duty in such cases.

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The California Supreme Court has ruled on several slip-and-fall cases, including:

Rowland v. Christian
The court ruled that property owners in California have a duty to exercise ordinary care to avoid injuring people on their property.

Alcaraz v. Vece
The court ruled that people who control but do not own property are liable for injuries that happen on the property due to their negligence.

Here are some other things to know about slip and fall cases in California:

Statute of limitations
In most cases, you have two years from the date of your injury to file a slip and fall lawsuit. However, there are some exceptions, including:

If you were injured on government property, you have six months to file your claim.

• If you were a child at the time of the injury, the statute of limitations doesn’t usually start until you turn 18.
• The delayed discovery rule states that the statute of limitations doesn’t start until you realize you were injured.

Damages
There is no specific compensation limit on damages in California personal injury cases, including slip and fall cases.

To prove a slip-and-fall case
You must establish that:

1. The defendant owned, leased, occupied, or controlled the property,
2. The defendant was negligent in the use or maintenance of the property,
3. You were harmed by slipping or falling on the property, and
4. The defendant’s negligence was a substantial factor in causing you harm.

Call attorney Steve Crane free if you have sustained injury due to a slip-and-fall. He and his team can assess the facts of your case and help you determine the best course of action to move forward.

To schedule a discrete and confidential consultation about your matter, call attorney Steve Crane free at (888) 855-4400.

Bringing a slip-and-fall lawsuit against a city, county, or other public agency

In California, you can bring a slip-and-fall lawsuit against a city, county, or other public agency if you were injured on government property:

Time limit
You must file a claim within six months of the accident. If your claim is rejected, you must file a lawsuit six months from the rejection date.

Notice of intent
You must send a written notice of your intent to sue to the agency within six months of the accident. You can do this by sending a letter or using the agency’s Claim for Damages form.

Burden of proof
You must prove that the defendant was negligent and that this caused your injury. You must use clear and convincing evidence.

Who is liable
The government has the same duty as businesses and homeowners to provide safe premises. The duty to maintain sidewalks safely usually lies with the local government or the adjacent property owner.

What to do
You should consult an attorney as soon as possible to:

• Meet the deadlines
• Preserve your right to compensation
• Learn about your rights to sue the government
• Investigate the ownership right away
• Maintain medical and financial records
• Preserve the shoes you were wearing at the time of the slip-and-fall
• Get witness statements and their contact information
• Get pictures or a video of the accident site

How long after a slip and fall can you sue in California?

In California, you generally have two years from the date of a slip and fall accident to file a lawsuit against the responsible party; this is known as the statute of limitations for personal injury claims.

Key points to remember:

Two-year window:
The standard timeframe for filing a slip and fall lawsuit in California is two years from the accident date.

However, be advised that there are different deadlines depending on why and sometimes who you’re suing. Common statutes of limitations include:

• Personal injury: 2 years from the injury.
• Breach of a written contract: 4 years from the date the contract was broken.
• Breach of an oral contract: 2 years from the date the contract was broken.
• Property damage: 3 years from the date the damage occurred.

Government entities:
If you are suing a government agency for a slip and fall, you only have six months to file a claim!

If the government denies your claim, you have another six months to file a lawsuit. If you don’t receive a rejection letter, you must file within two years of the accident.

You can file a late claim if you missed the deadline, but you must do so within one year of the accident. You can explain why you filed late on the Government Claim Form or in a supplemental letter.

The California Tort Claims Act (CTCA) applies to claims against government entities, employees, or the government itself for personal injuries. This includes slip and fall accidents, car accidents, burn injuries, medical malpractice, and more.

Discovery rule:

In some cases, the “discovery rule” may apply, meaning the statute of limitations starts when you discover your injuries, not necessarily the date of the accident.

California’s discovery rule, also known as the delayed discovery rule, is a state law that prevents the statute of limitations from starting until a plaintiff has a good reason to discover the cause of action:

• The plaintiff didn’t realize they were harmed, and a reasonable person wouldn’t have either,
• The plaintiff didn’t know of facts that would have caused a reasonable person to suspect harm, or
• A reasonable investigation wouldn’t have disclosed that a harmful product or situation contributed to the harm

The discovery rule is a type of equitable tolling, a broader term that describes situations where the court can pause the statute of limitations. Other examples of equitable tolling include:

• The victim was a minor
• The victim was not cognitively capable of making decisions
• The victim was legally insane
• The defendant was in prison or out of state after the accident

Call attorney Steve Crane free if you have sustained injury due to a slip-and-fall. He and his team can assess the facts of your case and help you determine the best course of action to move forward.

To schedule a discrete and confidential consultation about your matter, call attorney Steve Crane free at (888) 855-4400.

What do I need to prove in a slip and fall injury lawsuit?

To prove a slip and fall injury lawsuit in California, you must demonstrate that the property owner owed you a duty of care, breached that duty by allowing a dangerous condition on the property, that this dangerous condition caused your fall and resulting injuries, and that you suffered damages as a result of the fall; essentially proving the defendant was negligent by establishing “duty of care,” “breach of duty,” “causation,” and “damages.”

Key elements to prove in a California slip and fall case:

Duty of care:
The property owner was legally responsible for maintaining their property in a reasonably safe condition for visitors.

Dangerous condition:
A hazardous condition on the property caused your fall, such as a wet floor, uneven surface, or poorly lit area.

Notice to the property owner:
The property owner knew or should have known about the dangerous condition and failed to take reasonable steps to fix it.

Causation:
The dangerous condition directly caused your fall and resulting injuries.

Damages:
You suffered measurable damages due to the fall, including medical expenses, lost wages, pain and suffering, and other related costs.

Evidence to support your claim:

• Photos of the accident scene: Document the hazardous condition that caused your fall.
• Witness testimony: Statements from people who saw the incident or the dangerous condition.
• Medical records: Documentation of your injuries and treatment costs.
• Security camera footage: If available, video evidence of the fall.
• Incident report: Any reports filed with the property owner regarding the accident.

Important points to remember:

Comparative negligence:
California is a comparative negligence state, meaning your compensation may be reduced if you are partially at fault for the accident.

Statute of limitations:
You have a limited time to file a slip and fall lawsuit after the accident occurs.

Consult with a lawyer:
It is highly recommended to consult with a personal injury attorney specializing in slip and fall cases to understand your legal options and properly navigate the process.

Call attorney Steve Crane free if you have sustained injury due to a slip-and-fall. He and his team can assess the facts of your case and help you determine the best course of action to move forward.

To schedule a discrete and confidential consultation about your matter, call attorney Steve Crane free at (888) 855-4400.

Property owners have an affirmative duty to inspect their property

In California, property owners must proactively inspect their property or employ other means to ascertain its condition. In doing so, property owners must exercise reasonable care to identify any potentially hazardous conditions. Additionally, they are required to promptly address, replace, or provide adequate warnings for anything that could reasonably be anticipated to pose a threat to others. Failure to use reasonable care in discovering unsafe conditions on the property and in taking appropriate corrective measures, including repair, replacement, or warning provision, can render property owners liable for negligence.

Dangerous property conditions are frequently the basis for bringing a slip-and-fall lawsuit

At Steve Crane Law, attorney Steve Crane and his team frequently encounter cases involving various hazardous property conditions, including but not limited to:

• Uneven, fractured, or damaged sidewalks, pavements, or cobblestones.
• Slippery or wet surfaces on sidewalks, pavements, or cobblestones.
• Unmarked potholes or open grates on sidewalks.
• Steep and sloping driveways.
• Insufficient lighting.
• Obstructed store aisles.
• Slippery or wet floors due to rainwater, ice, snow, or spilled substances like oil, grease, water, and other liquids.
• Dropped fruit, vegetables, and other food items on the floors of supermarkets and convenience stores.
• Irregular or narrow staircases or steps.
• Absent or substandard handrails.
• Unsafe balconies or railings.
• Damaged carpeting and transitions in flooring.
• Concealed or obscured curbs, barriers, or potholes.
• Exposed tree roots.
• Cords or wires lying on the ground.
• Low-hanging cords or wires.
• Construction hazards on roads, bridges, sidewalks, and pathways, including debris from construction work.

Call attorney Steve Crane free if you have sustained injury due to a slip-and-fall. He and his team can assess the facts of your case and help you determine the best course of action to move forward. 

To schedule a discrete and confidential consultation about your matter, call attorney Steve Crane free at (888) 855-4400.

The monetary damages to expect in a slip and fall lawsuit

In a slip and fall accident lawsuit, the potential monetary damages that can be sought from the property owner found at fault include:

• Compensation for past and future physical pain, mental anguish, and physical impairment.
• Coverage for past and future hospital, medical, and related expenses.
• Recovery for past and future lost wages and diminished earning capacity.
• In exceptionally reckless or egregious misconduct cases, exemplary damages may also be pursued.

Exemplary damages are not meant to punish the wrongdoer but to allow those who have suffered serious damages and who may be due more compensation than what their compensatory damages cover. These more extreme situations include cases where a loved one has suffered a wrongful death or in certain product liability cases, such as the many lawsuits against cigarette companies.

A few reasons you may have grounds for exemplary damages include:

• The judge decides your compensatory damages are not enough
• Punishment for wrongful actions
• Deterrent to similar conduct in the future
• Push for the defense to change their standards and practices
• Precedent for similar punishments for future actions like this

When seeking out exemplary or punitive damages, you may need to seek approval from the judge, or your attorney may be able to request to have these damages awarded. While economic and non-economic damages are typically available, you will need specific approval from the judge to seek these damages. Because they are so rarely awarded, you must know what to expect before starting.

These damages can be difficult to get, however. These damages are rarely awarded and may require special circumstances. Talk to your lawyer if you believe you are eligible for these damages.

It’s important to note that if you share some responsibility for the incident, you may still be eligible to seek damages from the property owner; however, the awarded amount may be adjusted accordingly.

In tragic instances where a person has lost their life due to a slip and fall accident, surviving spouses, children, or other family members have the option to file a wrongful death lawsuit. In such cases, the family can seek compensation for the loss of the decedent’s love, companionship, affection, and financial support (including salary and wages) the decedent would have provided. Additionally, they can pursue compensation for hospital, funeral, and burial expenses incurred because of the accident.

What should I do if I am injured on another’s property?

Here are some guidelines to follow if you’ve experienced a slip-and-fall accident:

1. Collect Evidence of the Hazardous Condition, Including Photos: If your health permits, it’s essential to document the condition in a manner that captures its physical characteristics, such as height, width, depth, and the nature of any substances involved before any repairs are made. You can even use a ruler to measure and photograph the defect. Ensure your photos also show your approach to the hazard and the direction you were walking, as many defects may not be readily visible to even the most cautious pedestrians.
2.  Preserve Evidence:
• Shoe Preservation: After your fall, refrain from wearing the same shoes again, as they may carry evidence such as oil or debris on the soles that could be valuable for your case. Your attorney may need to have them examined by an expert. The traction on your shoes during the fall can also be subject to expert review.
• Request Video: Notify the property owners to preserve any surveillance video footage. Video evidence can be pivotal in your lawsuit. In some cases, reviewing video may lead to the decision not to pursue a lawsuit, while in others, it may serve as crucial proof that can lead to a settlement or victory at trial.
3. Document Your Injuries: Take photographs of your injuries. Even if you didn’t require immediate hospitalization, seeking medical treatment is important. Some injuries may not become evident until days after the accident, and having medical documentation is critical to your compensation claim.
4. Be Mindful of the Statute of Limitations: In California, the statute of limitations for filing a slip and fall lawsuit is usually two years from the date of the accident:
   • Government property
     If the accident occurred on government property, the statute of limitations is six months from the date of the accident. If the government agency denies the claim, the plaintiff has an additional six months to file the lawsuit.
   • Child plaintiff
     If the plaintiff was a child under 18 at the time of the accident, the statute of limitations is usually tolled until the child turns 18.
   • Delayed discovery
     If the plaintiff didn’t realize they were injured until after the two-year statute of limitations, the “discovery of harm” rule may apply. This rule allows the plaintiff to file a lawsuit within two years of the date they knew or should have known they were injured. The court may extend the statute of limitations in these cases.

      

     Other factors that may affect the statute of limitations include:

     • The defendant fleeing California to avoid being sued.
     • The plaintiff’s legal disability at the time of the fall

     If the filing deadline is missed, the plaintiff loses the right to recover damages for their injuries.

     A personal injury lawyer can help you understand the deadlines in California and how they apply to your case.

   • Exercise Caution When Speaking to Insurance Agents: You are not obligated to communicate with any insurance agent representing the property owner. Remember that insurance companies aim to maximize their profits by minimizing or denying claims. Any conversation with an insurance agent is likely to be recorded, and they may attempt to obtain statements that absolve the property owner of liability or reduce your claim’s value. On the other hand, be aware that many insurance policies covering property include a no-fault provision called medical payments coverage, which can help cover your medical expenses without requiring you to release any other potential claims. So, avoid signing any releases or waivers without proper legal guidance.

Call attorney Steve Crane free if you have sustained injury due to a slip-and-fall. He and his team can assess the facts of your case and help you determine the best course of action to move forward.

To schedule a discrete and confidential consultation about your matter, call attorney Steve Crane free at (888) 855-4400.

Why trust attorney Steve Crane and Steve Crane Law to handle your slip and fall case?

Experience: We have successfully represented injured persons in various accident cases, winning substantial settlements and verdicts.

Attention to Detail: We conduct thorough investigations, collaborate with experts, and gather evidence to build a robust case.

Client-Focused: Your well-being is our priority. We provide individualized attention, keeping you informed and involved in your case.

Risk-Free Consultation: Reach out to us for a free, no-obligation consultation to discuss your case and potential avenues for compensation.

Contingency Fees: We operate on a “No Fee or Costs Unless We Win” basis. You will never pay us a fee until we win for you. We don’t get paid until we win. If there’s no recovery, there’s no fee.

Call attorney Steve Crane free if you have sustained injury due to a slip-and-fall. He and his team can assess the facts of your case and help you determine the best course of action to move forward.

To schedule a discrete and confidential consultation about your matter, call attorney Steve Crane free at (888) 855-4400.

Time is of the essence. Do not wait to file a claim.

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