Slip & Fall Accident Lawyer in California
Hurt in a fall on someone else’s property anywhere in California? You generally have two years to file an injury claim — and as little as six months if the fall happened on public property. Talk to us before you speak to the property owner’s insurer.
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California legal deadlines
In California you generally have
2years
from the date of a fall to file a personal injury lawsuit (Code of Civil Procedure § 335.1)
6months
to present a written government claim when the fall happened on public property (Government Code § 911.2).
The evidence runs on a shorter clock than the law. Surveillance video, incident reports and inspection records are controlled by the property owner, and footage can be recorded over long before any legal deadline arrives.
A fall on a city sidewalk, in a government building, at a public school or in a transit station is a claim against a public entity, and the six-month deadline applies instead of the two-year one you may have heard about.
Miss those deadlines and a strong case can end before it starts. In fall cases, the calendar defeats more claims than the facts do.
A Fall Claim Turns on What the Owner Knew
A bad fall rearranges everything at once. There is the pain, the missed work, the trips to the doctor, and often a call from an insurance adjuster you did not ask to hear from. Most people are still sore and still embarrassed when that first call comes.
That call is not a courtesy. Adjusters are trained professionals measured on what a claim costs the insurer. The friendly tone is real; so is the objective.
They will ask for a recorded statement before you know the extent of your injuries. They may suggest you were not watching where you were going, that your shoes were the problem, or that the hazard was plain for anyone to see.
None of that is a verdict. It is an opening position, and it moves when the file is documented and the insurer understands the case can be tried.
California does not make a property owner automatically responsible because someone fell. The law asks a narrower question: did the owner create the hazard, know about it, or fail to find it through reasonable inspection, and then fail to fix it or warn about it? Almost all of the proof on that question sits in the owner’s hands, which is why the first days matter so much.
California Slip and Fall Rules That Decide Your Claim
| Rule | What California law requires |
|---|---|
| Deadline to sue for injuries | 2 years from the date of the fall (Code of Civil Procedure § 335.1). The same two-year period applies to a wrongful death claim, running from the date of death. |
| Falls on public property | A written claim is generally due within 6 months (Government Code § 911.2). If the claim is formally rejected, suit must usually follow within 6 months of the rejection notice (§ 945.6). This covers city sidewalks, government buildings, public parks, public schools and transit stations. |
| Dangerous condition of public property | A public entity can be liable when its property was in a dangerous condition that created a reasonably foreseeable risk of the kind of injury that occurred, and the entity either created the condition or had notice of it in time to act (Government Code § 835). |
| The basic duty of a property owner | Everyone is responsible for injury caused to others by a want of ordinary care in managing their property (Civil Code § 1714). California applies one general duty of reasonable care rather than separate rules for different kinds of lawful visitors. |
| Actual notice | The owner or staff created the hazard or knew about it. Incident logs, prior complaints, work orders and employee statements are how this is shown. |
| Constructive notice | The hazard existed long enough that a reasonable inspection should have found it. Sweep logs, inspection schedules and video timestamps prove or disprove it. |
| Open and obvious hazards | A condition an ordinary person would plainly see can reduce or defeat a claim, but not where the owner should have expected people to encounter it anyway. |
| If you were partly at fault | California uses pure comparative fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Your recovery is reduced by your share of fault, but you are not barred even if you were mostly responsible. |
| Surveillance video | There is no general statute requiring a business to keep its footage, and retention periods vary from one business to the next. A written preservation request should go out as early as possible. |
| If the injured person is a minor | The two-year deadline is generally paused until the child turns 18 (Code of Civil Procedure § 352). Government claim deadlines are treated differently and should not be assumed to pause. |
Common Causes of Slip and Fall Accidents in California
Most falls we handle are not exotic. They happen in ordinary places on ordinary errands, and the cause usually comes down to a condition someone was responsible for inspecting, fixing or warning about — which matters, because that is exactly what the law asks.
Wet and slippery floors
Spills, leaks, tracked-in rainwater and freshly mopped or waxed floors cause a large share of falls in stores and restaurants. The questions are how long the floor was wet, who knew, and whether a cone or sign was put out.
Loose mats, rugs and damaged flooring
A curled entry mat, a torn carpet seam or a lifted tile catches a foot without warning. These conditions usually develop over time, which makes it harder for an owner to say nobody could have noticed.
Broken stairs and missing handrails
Uneven or worn treads, loose steps and missing or wobbly handrails turn a small misstep into a serious fall. Where a building standard applies to the stair or rail, measurements can show whether it was met.
Poor lighting
A burned-out bulb in a stairwell, garage or walkway hides hazards that would otherwise be easy to avoid. Lighting is also the answer to many arguments that a condition was obvious.
Uneven sidewalks and walkways
Cracked, raised or sunken concrete is a common cause of trip-and-fall injuries. Responsibility may rest with a public entity, the adjoining property owner, or both, and a claim against a public entity for a dangerous condition (Government Code § 835) carries the six-month deadline, which is why these claims are so often lost.
Parking lots and garages
Potholes, broken wheel stops, oil slicks, unmarked curbs and single steps are easy to miss while walking to or from a car. Lots are part of the property, and the owner’s duty of reasonable care extends to them.
Clutter, debris and merchandise in aisles
Fallen produce, ice, boxes, cords and stock left in a walkway are hazards a business creates or should find on a routine sweep. Sweep logs and video usually show whether those sweeps actually happened.
Apartment buildings and rental property
Landlords are generally responsible for common areas such as stairs, hallways, courtyards and laundry rooms. Repair requests and prior complaints from tenants are often the strongest proof that the owner knew about the problem.
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Slip and Fall Injuries We Represent
The injury drives the value of the claim, and insurers know which injuries are easy to dispute. Documentation from day one is what closes that gap.
Hip and pelvic fractures
A broken hip or pelvis is among the most serious results of a fall, particularly for older adults. Surgery, hardware and a long rehabilitation are common, and some people do not regain the independence they had before.
Wrist, arm and ankle fractures
People put a hand out to break a fall, and the wrist or forearm takes the force. Ankles twist and break on steps and uneven ground. These injuries frequently mean casts, surgery and weeks away from work.
Head and brain injuries
A concussion does not require losing consciousness. Headaches, light sensitivity, irritability, word-finding trouble and difficulty concentrating are all reportable symptoms, and they often surface days later.
Spinal cord and back injuries
Herniated discs, nerve impingement and vertebral fractures can require injections, surgery, or lifelong management. Complete or partial paralysis changes the entire structure of a claim, including future care costs.
Knee and shoulder injuries
Torn ligaments, meniscus tears and rotator cuff injuries are common when a joint twists or absorbs the landing. They are often missed on the first visit and confirmed later by imaging.
Soft tissue injuries
Sprains, strains and deep bruising are the most common and the most contested. Adjusters routinely argue they are minor or pre-existing, which is exactly why consistent treatment records matter.
Wrongful death
When a fall is fatal, California law allows specified surviving family members to bring a wrongful death claim (Code of Civil Procedure § 377.60), and the estate may bring a separate survival action.
Psychological injuries
Anxiety, depression and a lasting fear of falling again are real consequences of a serious fall and are compensable when properly diagnosed and documented.
After a fall in California: what to do
Get help and get safe
If you hit your head, cannot put weight on a leg or are in severe pain, stay where you are and call 911. Do not let embarrassment hurry you out the door.
Photograph the hazard before it is cleaned
The spill, the mat, the step, the lighting, the missing handrail, with something in the frame for scale. This is the evidence that disappears first.
Report it and ask for a copy
Tell a manager, owner or landlord and ask that a written incident report be made. Note the name of the person who took it and ask for a copy or a report number.
Get witness and staff names
Shoppers leave and employees change shifts. A name and mobile number written down at the scene is worth a great deal months on.
Note where the cameras are
Look for cameras covering the spot where you fell. A preservation request is far more effective when it can name the specific angles and the time window.
Get checked the same day
Adrenaline masks injury. Hip, wrist, shoulder and head symptoms often appear a day or two later, and a gap in treatment is the first thing an adjuster points to.
Keep your shoes and clothing
Set aside the shoes and clothes you were wearing, unwashed. Footwear is one of the first things an insurer blames, and the real thing answers that argument.
Do not give a recorded statement
You are not required to give the property owner’s insurer a recorded statement, and do not sign anything beyond the basic incident report. Early statements are used later to narrow your injuries and shift fault.
Talk to a lawyer before accepting anything
An early offer usually arrives before the full picture of your injury exists. Once you sign a release, the claim is over, including for treatment you have not had yet.
Speak With a California Slip and Fall Lawyer Today
If you were injured in a slip and fall accident in Los Angeles or anywhere in California, you do not have to handle the claim alone. Akhavan Law Firm can review what happened, explain your legal options, and help you take the next step with confidence.
Call +1 310-694-8999 today to request a free consultation with a California slip and fall lawyer. The sooner you get guidance, the easier it may be to protect evidence, manage insurance communication, and move your claim forward.
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Schedule a Free Consultation with a California Slip and Fall Lawyer
Do not wait to get legal help after a serious slip and fall accident. Akhavan Law Firm can review your case, explain your options, and help you take the next step toward recovery.
No Win, No Fee — How Our Contingency Fee Works
You pay us nothing up front. Our fee is a percentage of what we recover for you, and if we recover nothing, you owe us no attorney’s fee.
California requires contingency fee agreements to be in writing and to state the fee rate, how costs affect your recovery, and that the rate is negotiable and not set by law (Business & Professions Code § 6147). You receive a signed copy before we begin.
We also explain case costs plainly — filing fees, records, expert witnesses — and how they are handled, before you decide whether to hire us. The consultation itself is free, with no obligation to proceed.
Working with our firm
We are a California personal injury firm led by founding attorney Edwin Akhavan, California State Bar #270338. We handle slip and fall and other premises liability claims across the state, from disputed liability cases to catastrophic injury and wrongful death matters. Our main office is in Beverly Hills and we keep offices throughout California, so a local meeting is usually possible without a long drive. We work with clients in English and Spanish.
Slip and Fall Help Across California
This page covers the statewide rules. For the courts, local agencies and properties where your fall actually happened, start with the office closest to you.
Related practice areas
We also handle other types of injury cases. If yours involved one of these, that page will be more specific:
Reviewed by Edwin Akhavan, Founding Attorney, California State Bar #270338
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Common questions answered
A fall on someone else’s property raises questions quickly: who is responsible, who pays the medical bills, and how long you have to act. Below are plain answers to the questions we hear most from people injured in falls across California. They are general information; a free consultation is the place to talk about your own situation.
Slip and Fall Questions We Hear Most
What should I do immediately after a slip and fall in California?
Photograph the hazard before anyone cleans it, report the fall and ask that a written incident report be made, get the names and numbers of witnesses and the manager, and note where the cameras are. Then get checked by a doctor the same day, even if you feel able to walk away.
Do not sign anything beyond the basic incident report, and speak with a lawyer before giving the property owner’s insurer a recorded statement.
How long do I have to file a slip and fall claim in California?
Most injury lawsuits must be filed within two years of the fall (Code of Civil Procedure § 335.1). If you fell on public property, such as a city sidewalk, a government building or a transit station, you generally have only six months to present a written government claim (Government Code § 911.2). Missing that deadline usually ends the case, so call early.
Is a business automatically responsible if I fall on its property?
No. You generally have to show that the owner created the hazard, actually knew about it, or should have discovered it through reasonable inspection, and then failed to fix it or warn about it. That is the notice question, and it is decided by evidence the business controls: incident logs, sweep records, inspection schedules and surveillance video.
What if the fall was partly my fault?
You can still recover. California follows pure comparative fault, so your compensation is reduced by your percentage of responsibility rather than eliminated. If you are found 20% at fault, you recover 80% of your damages. Insurers often push for a larger share of blame than the evidence supports, which is one reason to have a lawyer document the facts.
What if the hazard was obvious?
An obvious hazard can reduce or defeat a claim, but not always. An owner may still be responsible where it was foreseeable that people would encounter the condition anyway, for example a hazard in the only available path to an exit. Insurers also tend to overstate how obvious a condition was after the fact.
Will the store give me its surveillance video?
Usually not voluntarily. No general California statute requires a business to keep its footage, and retention periods vary. A written preservation request identifying the cameras and the time window puts the business on notice to keep it, which is one of the first things we send.
What if I fell on a city sidewalk or other public property?
That is a claim against a public entity, and the timeline is much shorter. A written government claim is generally due within six months (Government Code § 911.2).
The claim also requires showing a dangerous condition that created a foreseeable risk of injury and that the entity created or had notice of (Government Code § 835). Photograph the defect with something for scale as soon as you can.
How much is my slip and fall case worth?
It depends on the injuries and treatment, whether surgery is needed, how much income you lost, how strong the notice evidence is, and how much insurance is available.
Notice evidence matters as much as the injury here: a serious fracture with no proof the owner knew about the hazard is a harder case than a moderate injury captured on video. Be careful with any early number an adjuster offers before treatment ends.
What does it cost to hire Akhavan Law Firm?
Nothing upfront. We work on a contingency fee, so we are paid only if we recover money for you. There is no hourly billing and no fee if we do not win. The consultation is free, and we can meet you at the office, at home or at the hospital.
Do you help Spanish-speaking clients?
Yes. Se habla español. Our team handles consultations, documents and case updates in Spanish, and this page is also available in Spanish.
Areas We Serve
Akhavan Law Firm APC handles slip and fall claims throughout California. Our headquarters is in Beverly Hills and we have eleven more offices across the state, so you can meet an attorney close to home. Visit the office nearest you or call us today for immediate legal assistance.