Slip and Fall Accidents in California: Your Rights

A property owner is not automatically responsible just because you fell on their property. Generally, you must show the owner (or occupier) had a dangerous condition on the property, knew or should have known about it, and failed to fix it or warn you — and that this caused your injury.

Common examples include a spill left unmopped, a broken stair, poor lighting, or a hidden hazard. The key question is usually whether a reasonable owner would have caught and addressed the danger.

California follows “pure comparative negligence.” If you were partly at fault — for example, looking at your phone when you fell — your recovery is reduced by your share of the blame, but you are not barred from recovering entirely.

So even if the other side argues you were careless, you may still recover a reduced amount. Do not assume a fall was “your own fault” and give up without having it evaluated.

If you can, report the fall to the owner or manager and ask for a written incident report. Photograph the hazard immediately — the spill, the broken step, the missing sign — because it may be cleaned or fixed within hours. Get names and contact information for any witnesses.

Seek medical care promptly, both for your health and because a gap between the fall and treatment is the first thing an insurer will use to question your injury.

Most California slip-and-fall claims must be filed within two years of the injury. But if you fell on public property — a government building, sidewalk, or park — the Government Claims Act generally requires a formal claim within six months, so act quickly if a public entity is involved.

Because these deadlines are strict, it is worth confirming your timeline early rather than assuming you have years.

If your injuries are more than minor, or the owner or their insurer is disputing fault, an experienced premises-liability attorney can preserve evidence, handle the insurer, and value your claim. Most work on contingency, so an initial review typically costs nothing.

This guide is general information, not legal advice. The facts of every fall differ — have yours evaluated by a licensed California attorney.