Falls cause broken wrists, hip fractures, back injuries, and head injuries, and they happen in grocery stores, restaurants, parking lots, apartment buildings, and on sidewalks every day. Many people blame themselves. Often the real cause is a property owner who didn't clean up a spill, fix a broken step, or light a dark stairway.
Consultations are free, and you pay no attorney's fees unless we win your case. If we don't win, you owe nothing, including case costs.
Under California premises liability law (Civil Code section 1714), people who own or control property must use reasonable care to keep it safe. To recover, you generally need to show that a dangerous condition existed, the owner knew or reasonably should have known about it (for example, because it was there long enough to be found during normal inspections), the owner failed to fix it or warn you, and the condition caused your injury.
Wet or freshly mopped floors without signs, spilled food or liquid, torn carpet, broken or uneven stairs, missing handrails, poor lighting, cracked parking lots, and uneven sidewalks.
Report the fall to the manager or property owner and ask for a copy of the incident report. Photograph the hazard before it is cleaned up. Get names and phone numbers of witnesses. Ask whether there are security cameras; stores often keep video for a limited time, so contact a lawyer quickly so a preservation request can be sent. See a doctor and keep every record.
If you fell on a city sidewalk or in a government building, special rules apply. You generally must file a written claim with the public entity within six months (Government Code section 911.2), and you must show the property was in a dangerous condition the entity knew about or created.
What if I was partly at fault, like looking at my phone? California's comparative negligence rule lets you recover even if you were partly careless. Your compensation is reduced by your share of fault.
How long do I have? Generally two years for private property and six months to file a claim for public property.
Call (818) 904-0100 for a free consultation with attorney Katherine Lipel.
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