Do I Need a Lawyer for a Slip and Fall?

Answer 6 quick questions to get personalized guidance for your California case

Question 1 of 6

How serious were your injuries?

Severe - broken bones, head injury, surgery required

Moderate - sprains, strains, ongoing pain, physical therapy

Minor - bruises, scrapes, short-term soreness

Very minor - embarrassment more than injury

Question 2 of 6

Where did the fall happen?

Business/store (grocery, restaurant, hotel, retail)

Apartment building or rental property

Government property (sidewalk, park, public building)

Private residence (friend's home, party)

At work (workers' comp may apply)

Question 3 of 6

What caused the fall?

Wet/slippery floor (no warning signs)

Property defect (broken stairs, uneven surface, poor lighting)

Obstruction or debris in walkway

Weather-related (ice, rain) - may affect liability

Not sure / may have been my fault

Question 4 of 6

What are your total medical bills?

Over $15,000

$5,000 - $15,000

$1,000 - $5,000

Under $1,000

Question 5 of 6

Did you report the incident and is there evidence?

Yes - incident report filed, photos taken, witnesses

Some evidence - reported but limited documentation

Minimal - didn't report but have medical records

No evidence - didn't report, no witnesses

Question 6 of 6

Did the property owner know about the hazard?

Yes - they knew and failed to fix it or warn

They should have known (obvious hazard, existed for a while)

They created the hazard (employee spilled something)

Unclear whether they knew

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You May Be Able to Handle This Yourself

For smaller slip and fall claims with clear liability, you can negotiate directly with insurance or use Small Claims Court.

Recommended DIY Steps:

Document everything - photos, incident report, medical records
File claim with property owner's liability insurance
Calculate damages: medical bills + lost wages + pain/suffering
Send formal demand letter
Consider Small Claims Court (up to $12,500)

📝 Create Demand Letter 🔗 Small Claims Info

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You Should Consult a Personal Injury Attorney

Your case has significant damages and complexity. A PI attorney can maximize your recovery and handle the insurance company.

Why You Need an Attorney:

Slip and fall cases require proving negligence - harder than dog bites
Insurance companies aggressively deny or minimize these claims
Attorney can investigate, get surveillance footage, find witnesses
Contingency fee (33%) means no upfront cost
Attorneys know how to value long-term injuries properly

Book $125 Consultation 🕵 Find PI Attorney 📝 Premises Liability Info

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Get a Consultation to Evaluate

Your case has some value but also some challenges. A consultation will help you decide the best path.

Recommended Approach:

Get 1-2 consultations from PI attorneys
Attorneys will evaluate whether case is strong enough
If they won't take it, you can still pursue DIY
Preserve evidence NOW - request surveillance footage immediately
Don't give recorded statements to insurance without advice

Book $125 Consultation 🕵 Consultation 📝 Demand Letter Template

Understanding Slip and Fall Law in California

Unlike dog bites (strict liability), slip and fall cases require proving the property owner was negligent. This makes them more challenging, but significant cases can still result in substantial recoveries.

What You Must Prove (Negligence Elements)

Dangerous Condition: A hazard existed on the property
Knowledge: Owner knew or should have known about it
Failure to Act: Owner didn't fix it or warn visitors
Causation: The hazard caused your fall
Damages: You suffered actual injuries

⚠ California's Comparative Fault Rule

If you're found partially at fault (texting while walking, ignoring warning signs), your recovery is reduced by your percentage of fault. 20% your fault = 20% reduction in damages. Unlike some states, you can still recover even if you're mostly at fault.

Government Property Claims - Special Rules

If you fell on government property (sidewalk, public building), you must:

File a government claim within 6 months of the incident
Wait for denial before filing lawsuit
Damage caps may apply

Critical: Preserve Evidence Immediately

Stores often delete surveillance footage after 30 days. Send a written preservation demand to the property owner NOW requesting they preserve all video footage. An attorney can subpoena footage, but it won't help if it's already deleted.

What Damages Can You Recover?

Damage Type	Examples
Medical Expenses	Past and future treatment, surgery, therapy
Lost Wages	Time off work, reduced future earning capacity
Pain and Suffering	Physical pain, discomfort, limitations
Emotional Distress	Anxiety, PTSD, fear of falling
Loss of Enjoyment	Can't do activities you used to enjoy

Statute of Limitations

Private property: 2 years from date of injury
Government property: 6 months to file claim, then 2 years to sue

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