Premise Liability (Slip and Fall)

In most slip and fall cases, the property owner will claim they “didn’t know” about the hazard. Constructive Notice is the legal way we prove they should have known.

Under California law (CACI 1011), owners must conduct regular inspections. If a spill sat on a grocery store floor for 20 minutes without being cleaned, the store is liable because a “reasonable” inspection should have caught it. We look for “dirty” footprints through a spill, dried edges on a liquid, or melted ice—all of which prove the hazard was there long enough for the owner to fix it.

Yes. A yellow sign is not an automatic “get out of jail free” card for the property owner. If the sign was around a corner, hidden by a display, or too far from the actual spill to be useful, it is considered an inadequate warning. Even with a sign, the owner has a duty to clean the spill promptly. If they left a sign up for three hours instead of mopping, they may still be found negligent.

This is a common tactic used in sidewalk or parking lot falls. California courts often rule that property owners aren’t liable for “trivial” defects—typically cracks or height differences of less than 3/4 of an inch.

We don’t just look at the height. we look at the “aggravating factors” like jagged edges, poor lighting, or debris that made even a small defect dangerous. We use precision measuring tools to document the defect before the owner can repair it.

Many commercial and homeowners’ insurance policies in California include Medical Payments (MedPay) coverage.

No-Fault Recovery: Unlike the main liability claim, MedPay pays out regardless of who was at fault. It is usually a smaller amount ($1,000 to $10,000), but it can be used

immediately to cover your ER co-pays or initial physical therapy while we fight the larger liability battle.

Unlike other states, California has largely abolished the distinction between “invitees” and “trespassers” regarding liability. Under Civil Code § 1714, property owners owe a duty of “ordinary care” to everyone on their property. While being a trespasser might increase your percentage of comparative fault, the owner can still be held liable if they maintained a high-risk trap or a known danger.

You should report the accident, but never sign anything without a lawyer’s review. These reports often contain “admissions of fault” or language that minimizes your injuries, which the store will use against you later. Request a copy of the report, but do not sign a statement.

Yes. Adrenaline often masks the pain of soft-tissue injuries, concussions, and internal bruising. This is why it is vital to seek a medical evaluation within 24–48 hours of your fall to establish a “medical link” between the accident and your symptoms.

Property owners often argue they aren’t liable because the hazard was so obvious you should have avoided it. However, California law often still holds owners responsible if the hazard was “unreasonable” or if it was foreseeable that a visitor would be distracted.