Tustin Slip and Fall Lawyer

What You Have to Prove in a Slip and Fall Case

Falling on someone's property isn't enough on its own. Under California's premises liability rules, you generally need to show that:

• there was a dangerous condition, such as a spill, a broken step or a raised edge in a walkway
• the owner or business knew about it, or would have found it if they'd inspected the area reasonably often
• they didn't fix it, clean it up or warn people in time
• the condition caused your fall and your injuries

The second point, "notice," decides many cases. California courts allow you to prove it with evidence that the hazard was there long enough that a reasonable inspection would have caught it, or that the store didn't inspect for a long time. That's why inspection logs, sweep sheets and surveillance video matter so much. I explain the warning signs in recognizing negligence after a slip and fall.

Where Falls Happen

• grocery and retail stores: spilled liquids, produce on the floor, freshly mopped aisles with no sign
• restaurants: wet entryways, greasy floors, poorly lit steps
• apartment complexes: broken stairs, loose handrails, dark walkways
• parking lots and garages: potholes, wheel stops, oil and uneven surfaces
• offices and medical buildings: torn carpet, cords across walkways, wet lobby floors on rainy days
• sidewalks: lifted slabs from tree roots and cracked pavement

Falls on Sidewalks and Public Property

If you fell on a city sidewalk, a public parking structure or other government property, different rules apply. You must show a "dangerous condition of public property," and minor defects, such as a small height difference between slabs, may be treated as "trivial" and not dangerous. A written government claim usually has to be filed within six months of the fall. Adjacent property owners can also be responsible in some sidewalk cases. These cases need quick action and careful measurements.

Evidence to Gather After a Fall

1. Report the fall to the manager and ask for a copy of the incident report.
2. Photograph the hazard, the area around it, your shoes and your injuries, before anything is cleaned up or repaired.
3. Get the names and phone numbers of witnesses, including employees who saw the hazard.
4. Get medical care promptly, and tell the doctor exactly how you fell.
5. Have a lawyer request surveillance video right away. Many stores record over video within days or weeks.

My engineering background helps in cases about stairs, ramps and walking surfaces, where building codes, slip resistance and measurements can show a condition was unsafe.

What If the Store Says You Weren't Paying Attention?

That's the most common defense. California's comparative fault rule means you can still recover even if you were partly at fault; your compensation is reduced by your share. Good evidence about the hazard, the lighting and what you could reasonably see usually keeps that share low. Over my career I've recovered over $20 million for my clients in total.

How Fees Work: No Recovery, No Fee Guarantee

I handle slip and fall cases on a contingency fee. You pay nothing upfront, I advance the costs of the case, and they're repaid from your recovery. If there's no recovery, you owe no fee.

Slip and Fall FAQs

How do you prove a slip and fall case in California?

By showing a dangerous condition existed, the owner knew or should have known about it through reasonable inspections, they failed to fix it or warn you, and it caused your injury. Photos, video, inspection records and witnesses are the key evidence.

Can I sue a store if I slipped on a spill?

Yes, if the store knew about the spill or it was there long enough that a reasonable inspection would have found it. A spill that happened seconds before you fell is harder to win.

What if I fell on a city sidewalk?

Claims against a city or other public entity have special rules, including a written government claim usually due within six months. Small defects may be considered trivial, so measurements and photos taken soon after the fall are important.

How long do I have to file a slip and fall claim?

Generally two years from the date of the fall for claims against private property owners, and usually six months to file a government claim against a public entity.

What is a slip and fall case worth?

It depends on the injury, the medical treatment needed, lost income, how the injury affects your daily life, and how clear the owner's responsibility is. I can give you a realistic view once I know the facts.

Talk to a Tustin Slip and Fall Lawyer

If you were hurt in a slip, trip or fall, call me at (714) 461-6003 or request a free consultation. The sooner we act, the better the chance of keeping the video and other evidence. You can also read more about my background, see the other types of injury cases I handle, or read about when a company is liable for your injuries.