What to Do After a Slip and Fall in California

1. Put Safety and Medical Care First

After a slip and fall, your first priority should be your health and immediate safety.

• Move to a safe place if you can do so without worsening your injuries.
• Call 911 or ask someone to call if you feel seriously hurt, hit your head, lose consciousness, have severe pain, or cannot move normally.
• Accept medical evaluation at the scene if offered, and follow through with emergency room or urgent care if recommended.
• See a doctor promptly, even if you think you are just sore. Some injuries, like concussions, internal injuries, or soft-tissue damage, may not feel severe right away but can worsen over time.

Tell every medical provider you see that your injuries came from a slip and fall and where it happened. This helps create a clear medical record that links your condition to the incident.

2. Report the Incident Right Away

Once any immediate medical emergency is addressed, report the fall to the person or business responsible for the property:

• Businesses (stores, restaurants, malls): Ask for a manager and request that an incident report be made.
• Apartment or rental properties: Notify the landlord, property manager, or on-site management office.
• Workplace falls: If you fell while working, you may also have a workers compensation claim and should report it to your employer as soon as possible.
• Government property (sidewalks, public buildings, transit): Note which agency appears responsible (city, county, state, transit authority). Claims involving public entities have additional rules and often shorter timeframes, so it is important to identify the agency early.

Request a copy of any written incident report before you leave, or at least write down the managers name and contact information, as well as the date and time you reported the fall.

3. Document the Scene and Preserve Evidence

Evidence can disappear quickly after a slip and fall. If you are able, or if a friend or family member can help, try to:

• Take photographs or video of:
  • The exact spot where you fell.
  • The hazard itself (liquid on the floor, uneven surface, broken step, loose rug, debris, poor lighting, missing handrail, and similar issues).
  • The surrounding area (warning signs, lighting conditions, security cameras, mats or rugs, store displays).
  • Your visible injuries (bruises, cuts, swelling) over the days following the fall.
• Note the conditions: Was the floor wet? Was it raining outside? Was there a leak, loose tile, or clutter? Were there warning cones or signs?
• Collect witness information: If anyone saw you fall or saw the dangerous condition before you fell, ask for their names, phone numbers, and email addresses.
• Preserve physical evidence:
  • Save the shoes and clothing you wore, without washing or altering them.
  • Place them in a safe place in a sealed bag or container.

If you suspect there were security cameras, try to note their locations. A lawyer can often send a preservation letter asking the property owner to save any relevant video.

4. Keep Your Own Written Record

Memories fade, and small details can become very important later. Within a day or two, write down everything you remember, including:

• Date, time, and exact location of the fall.
• What you were doing right before you fell.
• What you noticed about the floor or ground.
• Lighting conditions and whether there were any warning signs.
• Statements made by employees, managers, or witnesses (for example, this happens all the time or we have been meaning to fix that).
• How you felt immediately after the fall and in the days that followed.

Also begin saving:

• Medical records and discharge instructions.
• Receipts for medications, medical devices, or out-of-pocket expenses.
• Records of missed work and lost income.

This personal record helps you and your attorney later reconstruct what happened and how it affected your life.

5. Be Cautious in What You Say and Post About the Incident

It is natural to want to apologize or make light of a fall, but your words can be used against you later.

• Avoid saying things like I am fine or It was my fault at the scene if you are unsure what happened or how badly you are hurt.
• When you report the incident, stick to the facts: what you saw, felt, and experienced.
• Do not sign any written statements, releases, or waivers without understanding what they mean.
• Be cautious about posting on social media about the accident or your injuries. Insurance companies and defense lawyers may review posts and photos and try to use them to argue that you were not seriously injured.

If an insurance adjuster or property owner contacts you for a recorded statement, you can politely decline until you have spoken with a lawyer.

6. Understand How California Slip-and-Fall Claims Work

Slip-and-fall and trip-and-fall cases in California are usually handled under premises liability law, a type of personal injury law based on negligence. California Civil Code section 1714 generally makes people responsible for injuries caused by their lack of ordinary care in managing property.

To recover compensation in a typical premises liability case, an injured person generally must show that:

• The defendant owned, leased, occupied, or controlled the property.
• The defendant was negligent in maintaining the property, such as by creating a dangerous condition or failing to fix or reasonably warn about a hazard.
• The injured person was harmed, and
• The defendants negligence was a substantial factor in causing that harm.

Common examples of hazards in slip-and-fall cases include:

• Spilled liquids or food on floors.
• Recently mopped or waxed floors without adequate warnings.
• Uneven sidewalks or broken pavement.
• Loose rugs, cords, or clutter in walkways.
• Poor lighting in stairwells or parking lots.
• Broken steps, missing handrails, or defective stairs.

Each case is highly fact-specific. Whether the property owner is legally responsible often depends on how long the hazard existed, whether it was reasonably foreseeable, and what steps, if any, the owner or occupier took to inspect, maintain, and warn about dangers.

7. Californias Rules on Shared Fault

California follows a comparative negligence system. This means that even if you are found partly at fault for your own fall, you may still be able to recover compensation. However, any recovery can be reduced in proportion to your percentage of responsibility.

For instance, if a court were to find that:

• The property owner was mostly at fault for failing to fix a dangerous condition, and
• You were also partly at fault for not noticing something a reasonably careful person would have seen,

then any damages award could be reduced to reflect your share of fault. How fault is allocated depends on the evidence; it is not automatic and can be contested. California law also provides for allocation of certain damages among multiple defendants based on their percentage of fault. See, for example, California Civil Code section 1431.2.

Because insurance companies may try to argue that you were primarily to blame, careful documentation and timely legal advice can be important.

8. Time Limits to Bring a Slip-and-Fall Claim in California

California law gives injured people a limited time to file a lawsuit for injuries from a slip and fall. If you miss the applicable deadline, you may lose your right to bring your claim in court.

For many slip-and-fall cases against private individuals or businesses, Californias general personal injury statute of limitations applies. Under California Code of Civil Procedure section 335.1, many personal injury actions must be filed within two years of the date of injury, but there are exceptions that can shorten or extend this period.

Different and often shorter rules can apply when the defendant is a government entity (such as a city, county, or state agency). In many cases involving public entities, a written government claim must be presented before you can file a lawsuit, and for bodily injury that claim generally must be presented within six months of the injury. See, for example, California Government Code section 905 and section 911.2. There are exceptions and special rules, so not every case will follow the same deadlines.

Because these time limits can vary depending on factors such as who is responsible for the property, the type of injury, and the age or capacity of the injured person, it is important to consult with a lawyer as soon as you can after a serious slip and fall to determine which deadlines apply in your situation and to help ensure that your rights are preserved.

9. Potential Compensation in a California Slip-and-Fall Case

If a property owner, tenant, or other responsible party is found legally at fault for your slip and fall, you may be able to recover compensation for a range of losses. Depending on the facts, recoverable damages may include:

• Medical expenses: Emergency room care, hospital stays, surgery, doctor visits, physical therapy, medications, medical equipment, and future medical care.
• Lost income: Wages or salary lost while you could not work, as well as lost self-employment income.
• Reduced earning capacity: If your injuries make it harder for you to work in the future or force you into a lower-paying job.
• Pain and suffering: Physical pain, discomfort, and limitations resulting from the injury.
• Emotional distress: Anxiety, depression, sleep problems, or other psychological harm.
• Loss of enjoyment of life: Inability to participate in hobbies, activities, or daily tasks you previously enjoyed.

The California Courts Self-Help Guide on personal injury explains that if someone elses negligence caused your injuries, you may be able to recover damages such as medical expenses, lost wages, and pain and suffering. See California Courts Self-Help: Personal Injury.

The value of a slip-and-fall claim depends on many factors, including the severity and duration of your injuries, how clearly the property owners negligence can be proven, your own share of fault (if any), and the availability of insurance coverage or other assets.

10. Dealing With Insurance Companies

In many slip-and-fall cases, your claim will be handled by the insurance company for the property owner, tenant, or business. Adjusters work for the insurer, not for you.

• You are not required to give a recorded statement to the other sides insurer before speaking with your own attorney.
• Be careful about accepting a quick settlement before you fully understand the extent of your injuries and your future medical needs.
• Do not downplay your pain, but also do not exaggerate; stick to the facts about your symptoms and limitations.
• Keep copies of all written correspondence you receive from any insurance company.

An attorney can communicate with the insurer on your behalf, help you avoid missteps, and negotiate a settlement that more accurately reflects your losses.

11. When to Consider Talking With a California Slip-and-Fall Lawyer

You do not have to hire a lawyer for every slip and fall, but legal help can be particularly important when:

• You suffered serious injuries, such as fractures, head injuries, spinal injuries, or injuries requiring surgery.
• Your injuries are interfering with your ability to work or care for yourself or your family.
• The property owner or insurer is blaming you for the fall.
• There may be multiple potentially responsible parties, such as a property owner, a tenant business, and a maintenance company.
• The incident occurred on government property, where special claim procedures and time limits apply.

A California personal injury attorney can:

• Investigate the fall and identify all potential sources of recovery.
• Collect and preserve key evidence, including surveillance video and maintenance records where available.
• Evaluate your medical records and work with experts when appropriate.
• Handle communications and negotiations with insurance companies.
• File a lawsuit if necessary and represent you through the court process.

Most personal injury firms offer free initial consultations, and many work on a contingency fee basis, meaning they are paid only if they recover money for you. At a consultation, you can ask questions, get a preliminary evaluation of your potential claim, and learn about your options before deciding how to move forward.

To discuss your situation with a California slip-and-fall lawyer, you can contact our firm.

Frequently Asked Questions About California Slip-and-Fall Cases

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

In many cases against private individuals or businesses, you may have up to two years from the date of injury to file a personal injury lawsuit in California. However, there are exceptions that can shorten or extend this period, and different rules often apply if a government entity is involved. You should speak with a California attorney as soon as possible to confirm which deadlines apply to your situation.

What if I was partly at fault for my own fall?

California uses a comparative negligence system. You may still be able to recover money even if you were partly at fault, but your compensation can be reduced in proportion to your percentage of responsibility. Insurance companies sometimes try to place more blame on injured people, so careful documentation and legal advice can be important.

Do I need a lawyer for every slip-and-fall case?

You are not required to hire a lawyer, but it is often wise to at least consult one if you have significant injuries, missed work, ongoing pain, or if an insurer is pressuring you to settle quickly. Many California personal injury lawyers provide free consultations and work on a contingency fee basis.

What should I bring to a consultation with a slip-and-fall lawyer?

Try to bring any photos or videos of the scene, your medical records and bills, incident reports, contact information for witnesses, and any letters or emails from insurance companies. A simple written timeline of what happened and how you have felt since the fall is also helpful.

How much is my slip-and-fall case worth?

The value of a case depends on many factors, including the severity of your injuries, how they affect your daily life and work, how clear the evidence of negligence is, and the amount of available insurance coverage. A California attorney can provide a more personalized assessment after reviewing the facts and records in your case.

What should I do right now if I had a recent slip and fall?

Seek medical attention if you have not already, report the incident to the property owner or manager, gather and preserve any evidence you can, and consider speaking with a California slip-and-fall lawyer. You can start that process by visiting our contact page.

California-Specific Disclaimer

Disclaimer: This blog post is for general informational purposes only and is based on California law as of the date noted. It is not legal advice, does not create an attorney-client relationship, and may not reflect the most current legal developments. Slip-and-fall cases are highly fact-specific; you should consult a qualified California attorney about your particular situation and any deadlines that may apply.