Falling on someone’s property can be extremely painful and lead to hefty medical expenses. But can you file a lawsuit after a slip and fall? In many cases, another party may be liable for your injury, and you may be entitled to financial compensation.
In order to sue for a slip and fall, a few criteria must be met:
- A hazardous condition existed on the property, including wet floors, uneven surfaces, or poor lighting.
- The property owner or occupier knew, or should have known, about the dangerous condition.
- The owner failed to repair the hazard or provide an adequate warning within a reasonable timeframe.
- You suffered an injury as a direct result of that hazardous condition.
- You were lawfully on the property, meaning you were not trespassing.
- You must be on someone else’s property.
Understanding Slip and Fall Liability
In a slip and fall case, figuring out who is legally responsible comes down to whether the property owner or occupier acted reasonably to keep the premises safe. To establish liability, consider these questions:
- Was there a dangerous condition? This could be a wet floor, broken handrail, uneven pavement, poor lighting, or any hazard that creates an unreasonable risk of harm.
- Did the property owner know about the hazard? Owners have a legal obligation to inspect their property regularly. Even if they didn’t actually see the hazard, they can still be held liable if it existed long enough that they should have discovered it through reasonable care.
- Did the owner fail to fix the problem or provide adequate warning? If the hazard wasn’t corrected or clearly marked, they may be considered negligent.
- Were you lawfully on the property? Customers, tenants, and invited guests are owed the highest duty of care. Trespassers generally have fewer protections, though there are some exceptions.
For example, if a supermarket employee mopped an aisle but didn’t put out a warning sign, and you slipped minutes later, the store could be responsible for your injuries. On the other hand, if you ignored a clear warning, or ventured into a clearly restricted area, you may share some or all of the fault.
Can You File a Lawsuit if You’re Also Liable?
Yes. Even if you were partly to blame, you could still recover damages. California follows a comparative negligence rule, meaning many parties can share fault for an incident. Comparative negligence means the court will determine how liable each involved party is for the accident.
For example: A customer walks into a convenience store with a wet floor, and the manager has not cleared the water. In an effort to stay compliant, the manager placed a wet floor sign near the area. However, the wet floor sign was placed behind a table, which was visible but not obvious to the customer. If the customer were to slip and fall, there may be shared liability between the customer and the store owner, because both parties could have prevented the incident.
Do You Have Grounds to Sue?
Not every fall creates a valid legal claim. In order to sue, the injury must have been a result of someone else’s negligence. You must also be able to provide evidence to support the negligence of a property owner. Gathering witness statements, an accident report, photographs, and medical records can all help in proving negligence. A personal injury law firm, like Lawyers for Justice, PC, that is empowered in taking legal action and handling the claims process to ensure you receive fair compensation. Talking to a personal injury lawyer will help you determine if you have grounds for a slip and fall lawsuit.
What Compensation Can You Recover?
The amount of compensation you receive after a slip and fall can vary widely. Usually, a fall with more injuries and bodily harm and higher lost income will lead to a higher settlement. Hiring legal representation might not make you rich, but it will give you a head start on financial recovery after a potentially devastating injury. Hiring a good slip and fall law firm will give you the best chance at maximum compensation. If your claim is successful, you could be entitled to compensation for:
- Medical expenses: You can recover the cost of any medical care you’ve already received, including emergency treatment, hospital stays, surgeries, and follow-up visits. Medical expenses can be a large part of a settlement, especially when the victim suffers spinal cord damage or a traumatic brain injury. In addition, the settlement may include compensation for future medical care, such as specialist appointments or long-term medication related to your injury.
- Lost wages: If your injuries prevent you from working, you may be able to claim the wages you lost during your recovery. For more severe injuries, you can also pursue compensation for diminished earning capacity if you’re no longer able to earn as much as before the accident.
- Pain, suffering, and emotional distress: Slip and fall accidents can lead to anxiety, depression, chronic pain, or loss of enjoyment of life. Pain and suffering damages are intended to acknowledge these non-economic losses and help you move forward after a traumatic event.
- Rehabilitation costs: Many slip and fall injuries require physical therapy, occupational therapy, or other rehabilitation services to regain strength and mobility. A good slip and fall lawyer can include rehabilitation expenses in your claim to ensure you have the support you need to recover as fully as possible.
- Other out-of-pocket expenses: Many injuries come with a myriad of hidden costs, such as transportation to medical appointments, assistive devices like crutches or wheelchairs, or modifications to your home. You should document all expenses relating to your injury, so they can be included in your claim.
How to File for a Slip and Fall Claim
Filing a slip and fall claim begins with seeking prompt medical care to document your injuries. As soon as possible, report the accident to the property owner, manager, or supervisor and request that they create a written incident report. Remember to gather evidence by taking photos of the hazard, collecting contact information for any witnesses, and keeping copies of medical records, receipts, and correspondence related to your injury. Next, notify the property owner’s insurance company that you intend to file a claim. Because insurers often look for reasons to deny or undervalue your case, it’s wise to consult a personal injury attorney who can handle negotiations and ensure that your claim is properly prepared. Your attorney can also help you file a lawsuit if the insurance company refuses to offer a fair settlement.
How Long Do You Have to File a Claim?
California law sets strict deadlines for filing personal injury lawsuits. In most cases, you have two years from the date of the accident to file a claim. This is called the statute of limitations. If you were injured on government property, this rule may vary. Typically, you have 6 months to file a claim against the government according to the Government Claims Act. Rules may also vary if you are legally disabled at the time of the injury or if the defendant flees the state to avoid a lawsuit.
It’s best to consult with a personal injury attorney as soon as possible to ensure you begin the legal process as soon as possible.
Do Trespassers Have the Right to File a Slip and Fall Claim?
Property owners don’t have very many obligations to trespassers. If a burglar breaks into your house and slips, you are not liable for the subsequent injuries.
However, there are exceptions. If a property owner intentionally created a hazard to harm trespassers, the owner may still be liable. For example, if the property owner covered a deep hole with the intent that a trespasser would fall in it, the property owner may be liable.
Another exception involves situations where the property contains an “attractive nuisance,” such as an unfenced swimming pool, discarded appliances, or construction materials that could reasonably lure children. Property owners can have a duty to protect minors, even if the children are technically trespassing.
When Should You Talk to a Lawyer?
You should talk to a lawyer if:
- You suffered serious injuries or needed significant medical treatment.
- The property owner denies responsibility or blames you for the accident.
- The insurance company offers a low settlement that won’t cover your costs.
- You don’t know how to navigate the claim process.
At Lawyers for Justice, PC, our legal team is empowered to recover as many expenses as possible for accident victims. A strong lawyer can handle communications with insurers, gather evidence, and fight for the compensation you deserve, so you can focus on healing. As personal injury attorneys, we specialize in a wide array of cases, including Car Accidents, Bus Accidents, Motorcycle Accidents, Dog Bites, Slip & Fall, and Workplace Injuries. We know that dealing with an injury can be both painful and expensive, which is why we handle all the bureaucratic work, so you can focus on recovering.
We can handle everything in a personal injury case, from filing your injury claim to gathering evidence and even filing an insurance claim, and negotiating on your behalf. We will even handle the lawsuit if it goes to court. Our experienced accident lawyers will be there to guide you with any advice you need along the way, and we guarantee we won’t settle for anything less than you deserve. Call to receive a free consultation.
Compensation could be just a phone call away: (818) JUSTICE
450 N Brand Blvd #900, Glendale, CA 91203
Last Updated on July 17, 2025
