Los Angeles Slip and Fall Accident Lawyer

What a fall claim actually requires

The starting point is Civil Code § 1714(a), which makes everyone responsible for injury “occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.”

In practice a premises claim turns on a small number of questions.

Was there a dangerous condition? A spill, a torn or bunched carpet, a broken step, a missing handrail, inadequate lighting, an uneven walkway, or water tracked in from outside.

Did the property owner know, or should they have? This is the hinge of most cases. A hazard the owner created is straightforward. A hazard someone else created requires showing the owner had actual notice, or that it existed long enough that a reasonable inspection would have found it. This is why timing evidence, inspection logs, and prior complaints matter more than almost anything else.

Did that condition cause the injury?

What share of responsibility, if any, belongs to the injured person? California applies pure comparative negligence, so a share of fault reduces recovery proportionally rather than barring it. Being distracted, or wearing the wrong shoes, is an argument about percentage, not an automatic defeat. Civil Code § 1714(a) itself contemplates this allocation, excepting responsibility “so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”

Apartment and rental property falls

Falls in rental housing have features that distinguish them from a fall in a store.

Common areas are the landlord’s responsibility. Stairwells, walkways, laundry rooms, parking areas, pool surrounds, and lobbies are typically maintained by the landlord or management company, not the tenant.

The maintenance record is the case. Prior work orders, repair requests, and tenant complaints about the same stair, the same light, or the same walkway establish notice directly. Request your own complaint history in writing early, because it is much harder to obtain later.

Recurring conditions matter. A leak that has been reported repeatedly, a light that keeps failing, or a step that has been patched more than once tends to establish that the owner knew.

More than one party is often responsible. An owner, a management company, and a maintenance contractor may each bear a share. Under Civil Code § 1431.2(a) each defendant’s liability for non-economic damages is “several only,” meaning each pays its own percentage, so identifying all of them changes what is collectible.

Public housing changes the deadline. If the property is owned or operated by a public entity, Government Code § 835 supplies the liability standard and a written claim generally must be presented within six months under Government Code § 911.2, rather than the ordinary two years.

Evidence, and how fast it disappears

Fall cases are won and lost in the first week.

• Photograph the hazard immediately, before it is cleaned, repaired, or barricaded. Include a size reference and wide shots showing lighting and surroundings.
• Report the fall in writing and get a copy of the incident report. Ask for it before you leave if you can.
• Identify surveillance. Retail and apartment systems commonly overwrite within days to weeks. A written preservation request sent quickly is often the single highest value step in the case.
• Keep the shoes you were wearing, unwashed.
• Get witness names, including employees who responded.
• Request maintenance and complaint records in a rental case.
• Seek medical attention promptly and report every symptom, including ones that seem minor.

What can be recovered

Economic damages under Civil Code § 1431.2(b) include medical expenses, lost earnings, loss of earning capacity, and the cost of substitute domestic services. Non-economic damages include pain, suffering, inconvenience, mental suffering and emotional distress.

Falls disproportionately produce wrist, hip and shoulder fractures, and head injuries, particularly in older adults, where a fall can permanently change independence. Those consequences are compensable and are routinely undervalued in early offers.

Deadlines

Two years from the date of injury under Code of Civil Procedure § 335.1. Six months to present a claim where a public entity may be responsible, under Government Code § 911.2. For a child, Code of Civil Procedure § 352(a) tolls the limitations period during minority, though § 352(b) does not extend the government claim requirement.

About this page: Prepared for Not My Fault Law Group, APC. Responsible attorney: Joshua B. Adelpour, Esq., California State Bar No. 318226. Last updated September 4, 2026. This page provides general information about California law and is not legal advice about your situation.