A slip, trip, or fall can happen in seconds — a wet floor with no warning sign, a torn carpet edge, a cracked sidewalk, or poor lighting on a staircase — but the injuries, from a broken hip to a traumatic brain injury, can last a lifetime. These are among the most common premises liability claims, and while they may sound simple, California law requires proof of a specific element that trips up a lot of unrepresented claimants: notice.
Common Causes of Slip and Fall Accidents
- Wet or recently mopped floors without warning signs
- Uneven, cracked, or crumbling sidewalks and parking lots
- Torn carpeting or loose floor mats
- Poor lighting on stairs or walkways
- Spilled liquids or food in grocery stores and restaurants
- Missing or broken handrails
- Ice or debris left uncleared
The Notice Requirement
To win a slip and fall claim in California, you generally need to show the property owner had actual or constructive notice of the hazard and failed to fix it or warn about it in a reasonable time.
- Actual notice means the owner or an employee directly knew about the hazard — for example, an employee saw the spill, or a customer had already reported it.
- Constructive notice means the hazard existed long enough that a reasonably careful property owner should have discovered it through routine inspection — even if no one actually reported it.
This is why documentation matters so much in these cases: how long the hazard was there, whether the business had an inspection routine, and whether that routine was actually followed are often the deciding factors.
What to Do After a Fall
- Report the fall to the property owner, manager, or staff on site, and request an incident report.
- Photograph the hazard immediately, before it can be cleaned up or fixed.
- Get witness contact information from anyone who saw the fall or the hazard beforehand.
- Seek medical attention, even if you feel embarrassed or think the injury is minor.
- Avoid giving a recorded statement to the property owner’s insurer before speaking with an attorney.
Frequently Asked Questions
Do I automatically win if I fell on someone’s property? No. You need to show the property owner knew or should have known about the hazard and failed to address it — simply falling isn’t enough on its own. What if there was a “wet floor” sign? A warning sign can reduce (but doesn’t automatically eliminate) a property owner’s liability, depending on where it was placed and whether it gave adequate warning. How long do I have to file a slip and fall claim in California? Generally two years from the date of the fall, under Code of Civil Procedure § 335.1. What does it cost to hire a slip and fall lawyer? We work on contingency: no fee unless we win. If you or a loved one has been injured in a slip, trip, or fall accident in Los Angeles or anywhere in California, contact The Law Office of Joshua P. Koshki for a free consultation. Free consultation. No fee unless we win.
Serving These California Communities
We help injury victims throughout the Los Angeles area and across California, including:
