Premises Liability / Slip & Fall
Attorney in California

Wet floors, spilled liquids, accumulated debris, freshly waxed surfaces, ice on entryways. Liability turns on the property owner's notice of the hazard and the reasonableness of their inspection routine. Most common premises liability claim type.

Uneven flooring, raised tiles, torn carpeting, exposed cords, sidewalk defects, parking lot potholes. Often involve cumulative property neglect — the property owner had time to fix the condition but didn't.

Property owner's failure to provide reasonable security (lighting, cameras, guards, working locks) contributing to a third-party criminal attack on a visitor. Common scenarios: apartment complex assaults, parking lot robberies, hotel sexual assaults. Recovery often substantial when foreseeability is established through prior crime evidence.

Civil Code § 3342 imposes strict liability on dog owners for bites occurring in public places or when victim is lawfully on private property. No prior-bite or knowledge requirement — first bite is the owner's liability. Homeowner's insurance frequently covers.

Inadequate fencing, missing pool covers, defective drain covers, lack of supervision, code violations. California pool safety act (Health & Safety Code § 115920 series) requires specific safety features for residential pools. Drowning cases often produce seven-figure recoveries.

Mechanical failures, sudden stops, door entrapment, escalator clothing entrapment. California's State Elevator Code (Title 8, Subchapter 6) imposes maintenance requirements; violations support both negligence per se and strict liability theories.

Items falling from store shelves, displays, or stockroom areas. Common in big-box retailers (Costco, Home Depot, Walmart) where high stacking and aggressive shelf usage create foreseeable falling-item hazards.

Building code violations, collapsed staircases, defective railings, ceiling collapses. Often involve products liability claims against contractors and material suppliers in addition to property owner premises liability.

Every person is responsible for injuries caused by lack of ordinary care. Foundation of California premises liability law — applies to property owners, occupiers, and (where they control conditions) tenants.

California Supreme Court abolished the old invitee/licensee/trespasser distinctions. Property owners owe a uniform duty of reasonable care to all foreseeable visitors. Trespasser status doesn't fully bar recovery.

California imposes strict liability on dog owners for bites in public places or when victim was lawfully on private property. No prior-bite requirement — first bite is the owner's liability. Homeowner's insurance routinely covers.

California's pool safety act requires specific safety features (fencing, covers, drain compliance) for residential and commercial pools. Violations support both negligence per se and strict liability claims in drowning cases.

California allows recovery even when injured party was partially at fault — damages reduced by injured party's percentage of fault. 'Open and obvious' hazard defenses don't bar recovery; they affect comparative fault allocation.

California premises liability personal injury claims must be filed within 2 years. Government claims (against city, county, state property) require 6-month administrative claim under Gov § 911.2.

California's State Elevator Code imposes specific maintenance requirements. Violations are evidence of negligence per se in elevator and escalator injury cases.

Bruising, soft-tissue injuries, mild orthopedic strain. Settlement covers medical bills, lost wages, and modest pain/suffering. Most cases at this severity settle without litigation.

Disc injuries managed conservatively, shoulder impingement, knee injuries with PT. Often combined with chronic pain management costs adding future-care value.

Disc herniation requiring fusion, rotator cuff repair, knee surgery. Property owner insurance (commercial general liability) typically supports full damage recovery.

Strict liability under Civil Code § 3342. Scarring, infection, surgical revision, and emotional distress drive case value. Homeowner's insurance routinely covers.

Property owner failure to provide reasonable security combined with severe injury (sexual assault, severe beating, gunshot wounds). Foreseeability through prior crime evidence drives substantial recovery.

Permanent neurological damage or wrongful death. California pool safety act violations support negligence per se and frequently punitive damages.

Surviving heirs recover under CCP § 377.60. Common in negligent security, drowning, and structural collapse cases.

Establish constructive notice through inspection routines (or lack thereof), prior similar incidents, and the duration of the hazard. The Bonanno doctrine imposes liability when owners fail to inspect at reasonable intervals — most 'no notice' defenses fail with proper investigation.

California's pure comparative negligence allows recovery even when hazard was visible. Open and obvious affects comparative fault percentage, not the right to recover. Most open-and-obvious cases settle at 70-85% plaintiff recovery.

Property owners must anticipate that visitors may be distracted (looking at merchandise, carrying items, walking with companions). Distraction is foreseeable and doesn't bar recovery — it affects comparative fault allocation.

Send preservation letters within 24 hours. When footage is deleted after notice, California courts impose spoliation sanctions (adverse inference, evidence exclusion, monetary sanctions) that often determine case outcome.

Falls often produce TBI symptoms that emerge weeks later. We refuse early settlement until neuropsychological evaluation is complete and all damage components are documented.

Eggshell plaintiff rule — defendants take plaintiffs as they find them. Pre-existing conditions don't bar recovery; aggravation of pre-existing condition is fully compensable. We document the difference between pre-injury baseline and post-injury condition.