Slip and Fall at a Store? Protect Your Claim Now

What Is a Slip and Fall Claim in California?

In California, most slip and fall cases against stores are brought under a legal theory called premises liability. This area of law focuses on the duty a property owner or business owes to people who are lawfully on the property. California’s general duty of care is set out in Civil Code § 1714(a), and the Supreme Court’s decision in Rowland v. Christian explains how that duty applies in premises cases.

To succeed in a typical California store slip and fall claim, an injured person generally must show (see CACI No. 1000):

• The store owned, leased, occupied, or controlled the property.
• The store was negligent in how it used or maintained the property (for example, failing to fix or warn about a dangerous condition).
• That negligence was a substantial factor in causing the injury.
• The person suffered actual damages, such as medical bills, lost income, or pain and suffering.

Common store-related hazards include:

• Spills from drinks, food, or cleaning liquids
• Recently mopped floors without proper warning signs
• Tracked-in rainwater or snow near entrances
• Uneven flooring, loose tiles, or torn carpeting
• Clutter, pallets, or merchandise left in aisles
• Poor lighting that hides hazards

Not every fall is legally actionable. The key question is usually whether the store acted reasonably under the circumstances to keep the premises safe or to warn about dangers it knew or should have known about.

Immediate Steps to Take After a Slip and Fall in a Store

Your health comes first, but if you are able, certain actions can significantly strengthen your potential claim.

1. Get Medical Care Right Away

• Call 911 if you need emergency help.
• If you do not leave by ambulance, visit an urgent care clinic or your doctor as soon as possible.
• Tell the medical provider exactly how the fall happened and what hurts, even if pain seems minor. Some injuries worsen over time.

2. Report the Incident to Store Management

• Ask to speak with a manager immediately.
• Request that they create a written incident report.
• Confirm that your description of what happened is accurately recorded.
• Politely ask for a copy or, if that is refused, note the name and position of the person who took your report.

3. Document the Scene

If you can safely do so, or if someone with you can help:

• Take photos and videos of:
  • The exact area where you fell
  • The hazard (liquid, debris, uneven surface, etc.)
  • Any warning cones or signs — or the absence of them
  • Your clothing and shoes, if relevant (for example, if they became wet)
• Take pictures from multiple angles and distances, including wide shots that show the location in the store.

4. Gather Witness Information

• Ask for names and contact information of anyone who saw you fall or saw the hazard shortly before or after the fall.
• Witnesses can be crucial when stores later dispute how the incident happened.

5. Preserve Physical Evidence

• Keep the shoes and clothing you wore, unwashed and in a safe place.
• Do not repair or throw away any items damaged in the fall (such as glasses or a phone) until you speak with an attorney.

6. Limit What You Say at the Scene

• Stay calm and factual; avoid discussing fault or making assumptions.
• Try not to say things like “I’m fine” or “It’s my fault” before you fully understand your injuries and the cause of the fall.
• If asked to sign any documents, consider declining until you have spoken with a lawyer.

Proving the Store Was Negligent

Stores are not automatically responsible for every fall on their premises. You typically must show that the store failed to use reasonable care in inspecting, maintaining, or warning about the condition that caused your fall.

Key issues in proving negligence often include:

• Creation of the hazard: Did a store employee create the dangerous condition? For example, spilling a liquid or leaving boxes in an aisle.
• Notice of the hazard:
  • Actual notice: Did the store actually know about the hazard and fail to fix it or warn customers?
  • Constructive notice: Did the condition exist long enough, or occur frequently enough, that the store should have discovered it through reasonable inspections?
• Inspection and cleaning procedures:
  • How often does the store claim it inspects the aisles?
  • Were inspection logs completed and accurate on the day of your fall?
• Warning signs and barriers:
  • Were there visible warning cones or signs placed near the hazard?
  • Were any warning signs placed in a way that a reasonable person would notice?

Evidence that may help prove negligence includes:

• Surveillance video from store cameras
• Inspection or maintenance logs
• Employee incident reports
• Prior complaints about similar hazards at the store
• Testimony from staff or other customers

Because stores usually control this information, an attorney can help send prompt legal correspondence to request that key evidence be preserved.

What If the Store Says the Fall Was Your Fault?

California follows a comparative negligence system. Under the California Supreme Court’s decision in Li v. Yellow Cab Co. and related statutes such as Civil Code § 1431.2, more than one person can share responsibility for an accident. An injured person’s compensation may be reduced by their percentage of fault, but being partly at fault does not automatically bar recovery.

Common arguments stores and their insurance companies raise include:

• You were not watching where you were walking.
• You were distracted by your phone.
• You ignored “Wet Floor” or other warning signs.
• Your footwear was unsafe.
• The hazard was “open and obvious” and should have been avoided.

These arguments do not necessarily defeat a claim. In many cases, hazards are difficult to see, warning signs are poorly placed, or the store’s own failures played a much larger role in causing the accident.

An attorney can:

• Investigate the layout of the store and the visibility of the hazard.
• Evaluate lighting conditions, crowding, or distractions created by the store.
• Compare the store’s safety policies with what actually occurred.

Even if you are concerned that you may share some of the blame, you may still have a viable claim under California law.

Types of Compensation in a California Store Slip and Fall Claim

If a store’s negligence caused your injuries, you may be entitled to compensation for both economic and non-economic damages.

Economic damages (financial losses)

• Past and future medical expenses
• Hospital stays, surgery, physical therapy, chiropractic care, and prescriptions
• Medical devices and home modifications, if needed
• Lost wages from time missed from work
• Reduced earning capacity if you cannot return to your prior job or hours
• Out-of-pocket costs for transportation, home care, or assistance

Non-economic damages (intangible harm)

• Pain and suffering
• Emotional distress and anxiety
• Loss of enjoyment of life
• Inconvenience and disruption to daily activities

Every case is unique, and the value of a claim depends on factors such as:

• The severity and permanence of your injuries
• The length and type of medical treatment
• The impact on your ability to work and care for yourself
• How clearly the store’s negligence can be proven

Insurance companies often downplay the seriousness of slip and fall injuries, especially when initial medical records are limited. Consistent medical treatment, clear documentation, and strong legal advocacy can help demonstrate the true impact of your injuries.

Why Acting Promptly Matters

Time is critical in California slip and fall cases involving stores, for both legal and practical reasons.

Evidence Can Disappear Quickly

• Spills may be cleaned up within minutes.
• Warning cones or signs may be moved.
• Shelves or displays may be rearranged.
• Video footage may be recorded over if not preserved in time.

Witness Memories Fade

• Shoppers may forget details of how the hazard looked or how you fell.
• Employees may change jobs.

Legal Deadlines Apply

California law sets time limits for filing personal injury lawsuits. For many slip and fall claims against private businesses, the deadline is generally two years from the date of injury under Code of Civil Procedure § 335.1, though exceptions can lengthen or shorten this period.

If a public or governmental entity is involved (for example, a fall at a store on city-owned property), a separate government claim may need to be filed first, often within six months, under Government Code § 911.2 and related provisions such as § 945.4. Missing these deadlines can seriously affect your rights.

Because these time limits are strict and fact-specific, it is important to speak with a California attorney as soon as possible to avoid unintentionally losing your ability to pursue compensation.

Dealing With the Store’s Insurance Company

Most large retailers and many smaller stores carry liability insurance that handles slip and fall claims. After an incident, you may be contacted by a claims adjuster.

Keep the following in mind:

• You are not required to give a recorded statement to the other side’s insurance company.
• Adjusters are trained to ask questions that may minimize your injuries or shift blame.
• Be cautious about accepting an early settlement offer before you understand the full extent of your injuries and future medical needs.

Before speaking at length with the store’s insurer or signing any forms, it is often wise to consult with a premises liability attorney. An attorney can:

• Communicate with the insurance company on your behalf.
• Help you avoid statements that can be taken out of context.
• Review releases and settlement documents to protect your rights.
• Negotiate for a settlement that better reflects your damages and future needs.

Common Injuries From Store Slip and Falls

Even a seemingly simple fall can result in serious and sometimes permanent injuries, especially for older adults or people with preexisting conditions.

Common injuries include:

• Sprains and strains of the ankles, knees, and wrists
• Fractures of the hip, wrist, arm, ankle, or ribs
• Back and neck injuries, including herniated discs
• Shoulder injuries, such as rotator cuff tears
• Head injuries, including concussions and traumatic brain injuries
• Cuts, bruises, and soft-tissue injuries

It is common for pain to increase in the day or two after a fall. Do not assume that you are “fine” just because you can walk away from the scene. Follow up with appropriate medical care, keep all appointments, and follow your doctor’s instructions.

How a California Premises Liability Attorney Can Help

Handling a slip and fall claim on your own can feel overwhelming, especially while you are recovering from injuries. A California premises liability attorney can help by:

• Evaluating your case: Reviewing how the fall happened, the nature of the hazard, and the store’s responsibilities.
• Preserving evidence: Sending timely requests to the store to preserve surveillance video, inspection logs, and incident reports.
• Investigating liability: Identifying all potentially responsible parties, including store operators, property owners, and maintenance contractors.
• Coordinating medical documentation: Gathering records and reports from your medical providers.
• Handling insurance communications: Dealing with adjusters, managing requests for information, and pushing back against unfair blame.
• Negotiating and litigating: Pursuing a fair settlement or, if necessary, presenting your case in court.

Many premises liability attorneys handle slip and fall cases on a contingency fee basis, meaning legal fees are generally paid as a portion of a recovery rather than upfront. Fee structures should always be discussed clearly at the outset of representation.

What to Do Right Now If You Fell at a Store

If your fall just happened or occurred recently, consider taking these steps as soon as you are medically stable:

• Seek or continue medical treatment for all injuries and follow your doctor’s instructions.
• Write down everything you remember about the incident, including:
  • The date, time, and store location
  • Weather conditions and lighting
  • What you were doing immediately before the fall
  • How the floor or hazard looked
  • What employees or witnesses said
• Collect and organize documents, such as:
  • Medical records and bills
  • Receipts for medications and medical equipment
  • Photos, videos, and witness contact information
  • Any emails, letters, or texts from the store or its insurance company
• Avoid posting about the incident on social media, as posts can be taken out of context.
• Consult a California personal injury attorney experienced in slip and fall and premises liability cases to review your rights and options.

When to Contact a Lawyer About a Store Slip and Fall

You should strongly consider speaking with a lawyer if:

• You required emergency care, imaging (X-rays, CT scans, MRIs), or ongoing treatment.
• You missed work or expect to miss work because of your injuries.
• The store or its insurance company suggests that the fall was your fault.
• You are being asked to provide a recorded statement or sign documents you do not fully understand.
• Your pain is getting worse instead of better.

An early consultation can help you understand your options, avoid common mistakes, and protect important evidence. Even if you are unsure whether you have a claim, a brief conversation with an attorney can clarify your rights under California law.

Ready to talk? Contact our California premises liability team to schedule a consultation about your potential slip and fall claim.

Frequently Asked Questions About California Store Slip and Fall Claims

How long do I have to file a slip and fall lawsuit in California?

In many cases involving private businesses, you generally have two years from the date of injury to file a personal injury lawsuit in California. However, special rules and shorter deadlines can apply, especially if a public entity is involved, so you should speak with an attorney promptly about your specific situation.

What if I did not report the fall to the store right away?

Failing to report the incident immediately does not automatically destroy your claim, but it may give the store or insurer arguments that the fall did not happen as described. Document the incident as soon as you can, seek medical care, and consider consulting an attorney to help address any delay.

Can I still recover if I was partly at fault?

Yes. Under California’s comparative negligence system, you may still recover damages even if you were partly at fault, though your compensation can be reduced by your percentage of responsibility. An attorney can help evaluate how fault may be assigned in your case.

What should I bring to my first meeting with a lawyer?

Bring any incident reports, medical records, medical bills, photos or videos, witness contact information, and correspondence from the store or its insurer. A written timeline of what happened and how your injuries affect you day to day is also helpful.

California-Specific Legal Disclaimer

This blog post is for general informational purposes only and is based on California law as of the last-reviewed date listed above. It does not constitute legal advice and does not create an attorney–client relationship. Laws and legal standards can change and may apply differently depending on the specific facts of your situation. You should consult a licensed California attorney for advice about your particular circumstances before making any legal decisions.