California Slip and Fall Claims Guide
Property owners in California must reasonably maintain their premises and fix or warn others against hazards. If a property owner was negligent and you slipped and fell, you can pursue damages for your financial and emotional short and long-term harm.
At Cutter Law, we understand how challenging it is for victims to interpret complex premises liability laws. Our knowledgeable personal injury attorneys have significant experience in slip and fall claims and success in negotiating with insurance companies for fair compensation.
How Long Do You Have To File a Slip and Fall Claim in California?
In most cases, you have two years from the date of your accident to file a slip and fall claim. However, if you slipped and fell on government property, you must file an initial notice of claim within six months. There are limited circumstances under which the statute of limitations is “tolled” or doesn’t start running immediately, such as when the plaintiff is a minor.
If you don’t file your claim on time, you lose your right to pursue compensation in the courts. To learn more, visit our California slip and fall statute of limitations FAQ page.
How Much Are Slip and Fall Claims Worth?
In a California slip and fall injury claim, you can pursue compensatory damages for your financial and other harm. The state allows you to seek past and future losses, including:
- Economic damages
- Past and future medical bills
- Rehabilitation and occupational therapy costs
- Home nursing and other aide care
- Medical devices and equipment
- Lost wages and future earnings
- Non-economic damages
- Physical pain and suffering
- Mental suffering
- Emotional distress
- Loss of consortium
- Loss of society
If your loved one died in a slip and fall, you can file a wrongful death lawsuit and claim damages such as funeral and burial costs, loss of financial support, and loss of companionship and guidance.
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Featured Slip and Fall Lawyer
Founder Brooks Cutter and his team have helped thousands of clients obtain the settlements they deserve.
Brooks and Margot and their team are the best in their field, no matter what your legal needs are.
Example Case Results From Cutter Law
When you partner with us, you get our whole firm working on your behalf. Our case results demonstrate how this team approach benefits our clients. Some of our notable slip and fall settlements include:
Attorneys Brooks Cutter and Margot P. Cutter obtained a $10.03 million settlement during jury selection for a trip and fall accident that resulted in major injuries.
Our client slipped and fell outside a Marriott Springhill Suites on a rainy day. They filed a suit claiming that the tile the hotel had installed was unsuitable for outdoor walkways. Our attorneys helped negotiate a settlement of $350,000.
How Long Does It Take Slip and Fall Cases To Settle?
Some slip and fall accident claims settle well before reaching court, while others can take years to resolve. Factors that influence how long it takes to resolve include the severity of your injuries, the available evidence, your case’s complexity, and the willingness of the insurance company to settle.
Seeking prompt medical attention, gathering strong evidence early, and communicating clearly with your attorney are some factors that can expedite your claim.
Visit our slip and fall claim timeline page to learn more about factors that affect how long it may take to conclude your case.
It really varies on the case. Sometimes, we can reach a pre-litigation settlement. That is more rare because we typically get better value for our cases once they’re in litigation.
Margot Cutter,
Partner of Cutter Law
Where Do Most Slip and Fall Cases Occur?
Slip and fall accidents happen at businesses, in public areas, and at other people’s homes, on premises including:
- Grocery stores
- Parking lots
- Restaurants
- Sidewalks
- Hotels
- Stairs
- Public parks
- Swimming pools
- Nursing homes
- Construction sites
Some other states distinguish between invitees, licensees, and trespassers when determining a property owner’s duty of care. Visitors on a property for the owner’s benefit, such as shoppers, have more protections than social visitors.
In Rowland v. Christian, the California Supreme Court eliminated these visitor distinctions. It imposed the general requirement that property owners must reasonably maintain their premises to prevent foreseeable injuries.
What Types of Hazards Are Most Commonly Involved in Slip and Fall Claims?
A number of hazards can make you slip or trip and fall because the property owner failed to maintain their premises, including:
- Uneven or broken surfaces
- Slippery surfaces indoors or outside
- Cables, boxes, or other items in walkways
- Insufficient lighting
- Faulty stairways or ramps
- Poorly maintained elevators and escalators
How Does Liability Work in Slip and Fall Accidents?
Slip and fall injury claims generally fall under California premises liability law. Under California Civil Code §1714(a), property owners, occupiers, and others who control premises are liable if they did not take ordinary care or exercise skill in their management of the premises. This includes inspecting for hazards, fixing them, or warning people against them.
Property owners aren’t liable for every accident, only those that are a direct result of their or their employees’ negligence. For example, a store can be liable for a customer injury if employees fail to clean up a spill within a reasonable time.
Proving Liability in a California Slip and Fall Claim
The four essential elements you must prove in a California slip and fall claim include:
- The defendant owned, leased, occupied, or controlled the premises.
- The defendant was negligent because they did not reasonably maintain the property.
- You were injured and have damages due to a dangerous condition on the property.
- The defendant’s negligence was a substantial factor in causing your injuries.
You may also hold some liability for your slip and fall accident. In Li v. Yellow Cab Co., the California Supreme Court adopted a pure comparative negligence model for the state. The percentage of liability you hold for your injuries proportionately reduces your damages. For example, if you have $100,000 in damages and were 10 percent responsible for your fall, you can collect $90,000.
Slip and Fall Claims Against Government Entities in California
The California Tort Claims Act (CTCA) applies to claims when you slip and fall on a public sidewalk, in or outside a government building, or in another area controlled by a public entity. It imposes several deadlines, including:
- You have six months to file an initial claim.
- The government entity generally has 45 days to respond.
- If it sends a full or partial denial, you have six months to file a formal lawsuit.
- If the government didn’t respond, you have two years from the date of injury to file suit.
The CTCA also requires you to prove that a government entity had actual or constructive notice of a dangerous condition or that an employee created the hazard that led to your injuries. You must also show that the entity had the time and opportunity to fix the hazard.
An attorney with experience in slip and fall accident claims against the government can assist you in determining if you are eligible to file and when you must do so.
Do I Need a Lawyer for a Slip and Fall Claim in California?
Slip and fall cases involve complex legal concepts such as foreseeability and reasonableness. Laypeople can find it challenging to handle these claims on their own because they have to interpret California laws and applicable court cases. It’s easy to make mistakes under these circumstances, especially while also dealing with your injuries and how they have impacted your life.
Some of the things an experienced slip and fall lawyer can do for you include:
- Determining filing deadlines
- Assisting with filing initial and subsequent claims
- Calculating damages
- Applying knowledge of California premises liability law
- Negotiating with insurance companies
- Going to court if necessary
401 Watt Avenue Suite 100 Sacramento, CA 95864
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51 E St Santa Rosa, CA 95404
Hurt in a Fall? Trust the Experienced Lawyers at Cutter Law To Help
Slip and falls can leave victims with unexpected financial, physical, and emotional burdens. If a negligent property owner failed to reasonably maintain their premises and that caused your fall, California gives you the right to seek damages.
Our respected attorneys have significant experience in slip and fall claims arising from various causes and settings. We assist clients in collecting key evidence, determining liability, and negotiating fair settlements from insurance companies that don’t want to pay.
We are family-owned, California-based, and client-focused. Contact us today for a free consultation by calling 916-290-9400 or completing our online contact form.
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You’ll have a direct line to our attorneys. We keep communication open and ensure you always know what’s happening with your case.
From day one, we go all in—gathering evidence, negotiating with insurers, and preparing for trial if needed. You pay nothing unless we win compensation for you.
California slip and fall victims generally have two years from the date of their injuries to file a claim for damages. Though there are exceptions to the deadline.
Some claims may reach a pre-litigation settlement relatively quickly, while others may take years to resolve, especially if they proceed to trial.
You can sue a grocery store for negligence that caused your slip and fall accident if you can prove it failed to maintain a safe environment.
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