How To File Slip and Fall Lawsuit

You can file a slip and fall lawsuit in court yourself or get a free consultation with our trip and fall lawyer to help you. 

By Brad Nakase, Attorney

Email  |  Call (888) 600-8654

Have a quick question? I answered nearly 1500 FAQs.

What is a slip and fall lawsuit?

A slip and fall lawsuit happens when a person is injured on another party’s premises. For the other party to be liable, the accident must have been caused by their negligence. That is to say, not every fall results in the owner of a premises being liable. Not all falls lead to a slip and fall lawsuit and compensation. To see if you are entitled to compensation, speak with a lawyer.

How is negligence determined? The owner of the property is liable when they were aware of a dangerous condition at the property and did not repair the problem or warn others about it. Let’s consider an example. Max is the owner of a grocery store. One day, his custodian tells him that there is a leak in the roof that has caused a puddle on Aisle 12. Max says, “Okay, I’ll get to it.” But the next day, before he has called the repair man, a customer slips on the puddle and breaks their ankle. In this case, Max will likely be determined negligent in court. Max knew about the hazardous condition in his store but did not repair it or warn others. If he could not repair it right away, he should have at least put a sign warning customers to be careful. Max will therefore face a slip and fall lawsuit where he will be determined liable. He ought to contact a defense attorney!

Slip and fall lawsuits are commonly caused by the following issues:

  • Leaks or spills
  • Uneven flooring or damaged carpeting
  • Missing or broken railings
  • Uncovered cords or cables
  • Not posting warning signs in construction sites
  • Broken furniture

If you have been injured in a slip and fall accident, be sure to contact a lawyer. An attorney can get you the compensation you deserve.

How is liability determined in a slip and fall lawsuit?

When a person enters a property, the owner of the premises owes them a duty of care to keep them safe. The owner is anyone who leases, owns, controls, occupies, or insures the property. These individuals may be commercial business owners, parent companies, tenants, homeowners, or insurance companies.

But what happens if you fall on a sidewalk or steps? These locations are public property. In this case, you may be able to file a slip and fall lawsuit against the state, local, or federal government.

To get help with filing a lawsuit, contact a lawyer for guidance.

How do you get damages for a slip and fall lawsuit?

To get compensation from a slip and fall lawsuit, you need to provide specific proof:

  1. The property owner controlled, leased, owned, or occupied the premises.
  2. The property owner displayed negligence in not properly using or maintaining their property.
  3. You, the plaintiff, were hurt from falling on the premises.
  4. Your injury was caused mainly by the property owner’s negligence.

To file a slip and fall lawsuit against a negligent property owner, contact an experienced lawyer for guidance. An attorney will know how to draw the connection between the owner’s negligence and your injury.

What makes a property owner negligent?

To be determined negligent in a slip and fall lawsuit, a property owner must have improperly used or maintained their premises. This means that there was a hazardous condition that the defendant knew about, or reasonably should have been aware of. They must have failed to fix the problem and not warned others about it. Think back to our grocery store example. Max should have put a “Wet Floor” sign on Aisle 12 to warn customers to watch their step.

An attorney can help prove negligence in a court of law. A lawyer will be able to show, for example, that Max did not place a warning sign as he should have.

What compensation can a victim get from a slip and fall lawsuit?

With the help of a lawyer, a victim of a fall can get compensation in the form of lost wages, medical bills, property damage, pain and suffering, and lost earning capacity. Sometimes, with the help of an attorney, a person might have the right to punitive damages in a slip and fall lawsuit. This might happen in situations where the property owner’s carelessness caused severe injuries or death. It can also result from the property owner trying to destroy proof of their liability.

To learn about what compensation you may be owed, contact an attorney to discuss your case. A lawyer will fight for the damages you deserve.

How long do you have to file a slip and fall lawsuit?

To file a slip and fall lawsuit in California, a victim has two years from the date of the accident. Thus, two years is the statute of limitations. However, if the defendant is the government, then the statute of limitations is only six months after the accident.

Because of the time limit in such cases, be sure to contact a lawyer for guidance. An attorney will know how to file a claim within the time constraints.

How is fault determined in a slip and fall lawsuit?

To win a slip and fall lawsuit, a victim and their lawyer need to prove that the defendant’s negligence caused their accident. They can submit evidence such as video footage, witness statements, doctor’s notes, and testimony from experts.

A lawyer will help you gather the appropriate evidence to assign fault to the negligent property owner.

What if fault is shared?

If the victim in a slip and fall accident shares part of the blame, they may still be able to claim compensation. In this case, the court would simply reduce the compensation according to the proportion of blame.

It should be noted that if a person is trespassing when they slip and fall, the property owner will not be held responsible. If a hazardous condition is obvious to a reasonable person, then a slip and fall lawsuit will also be dismissed. For instance, if you trip on a step that has been blocked off with caution tape, the property owner is not at fault.

Contact a lawyer to review the circumstances of your case and see if you are eligible for a slip and fall lawsuit. An attorney will determine whether the property owner could potentially be liable.

Can you file a slip and fall lawsuit after an accident at work?

The situation is a little different if you fall while performing your job. In this case, you will be eligible for medical and disability payments through workers’ compensation. If you were to blame for the accident, you can still receive this compensation. To be eligible, you would simply have to prove the following:

  • You did not purposefully hurt yourself
  • Workers’ compensation law in California applies to your injury
  • You were not intoxicated or using drugs at the time

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment Law

Most recent blogs:

What happens if someone else is driving my car and gets in an accident

What happens if someone else is driving my car and gets in an accident

Car accidents involving borrowed vehicles in California bring unique legal and insurance challenges, highlighting the importance of understanding coverage. Tips on navigating settlements, evidence collection, and legal consultations underscore the complexities when someone else drives your car.

What To Do in An Accident?

After an accident, do the following: ensure everyone is safe and call 911 if necessary; exchange insurance information with the other driver(s); and report the accident to your car insurance company.

The Truth About Uninsured Motorist Coverage

The truth about uninsured motorist coverage has been unfolded, revealing its vital role in protecting drivers financially in a variety of scenarios. We've explored how this coverage, while varying by state and policy, offers indispensable security against the uncertainties of accidents with uninsured drivers.

Second Assumption of Risk Defense

Secondary assumption of risk is when one willingly and voluntarily puts oneself in a dangerous situation due to someone else’s negligence.

How MICRA affects Medical Malpractice Litigation

MICRA caps plaintiffs' personal injury general damages at $350,000 and wrongful death at $500,000. Also, under MICRA, a plaintiff in a malpractice case only has one year from the date they discover their injury was caused by negligence to sue a medical provider.

Personal Injury Lawyer: How to Prove Pain and Suffering

Our personal injury lawyer discusses the challenges of quantifying pain and suffering in personal injury claims, underscoring the pivotal role of lawyers in guiding jury assessments. It emphasizes the significance of medical evidence and expert testimony in translating subjective pain into legal terms for fair and clear courtroom deliberations.

Sacral Nerve Damage Symptoms

Symptoms of sacral nerve damage includes: lower back pain, numbness or tingling in the lower back, muscle weakness, bowel or bladder dysfunction, sensory changes, and difficulty walking.

What are date rape drugs?

Date-rape drugs are substances that make it easier for someone to sexually assault or rape another person usually by making the victim unconscious.

Back Injury Car Accident Settlement

The average settlement value for a back injury in an auto accident lawsuit ranges from $12,000 for minor injuries to $500,000 for injuries requiring surgery. A lot depends on the severity of the injury and the costs of medical treatments.

What Do You Do When Someone Hits Your Car?

When someone hits your car, ensure all passengers are not hurt, then exchange insurance information and contact information with the other driver. Next, take many photos and witness statements, and report the incident to your insurance company.

Car Accident Law in California

Two main things drivers must know about California car accident law: 1) All drivers must have a minimum of $15,000 for each person injured or killed in an accident, $30,000 for injury/death of two or more persons in one accident, and a minimum of $5,000 for property damage in any one accident, and 2) drivers who are found to be at fault for a car accident may be held liable for any damages or injuries that result from the accident.

What To Do After A Car Accident Not Your Fault

You should do three things after a car accident that is not your fault: 1) take photos of the cars from the front and the rear of each vehicle, including the surrounding landscape or landmarks; 2) exchange driver's licenses and insurance information, and 3) report to your insurance company.

Who is at fault in an accident?

To determine fault in a car accident, you must show that the driver was negligent; you prove a driver was negligent by showing what the driver did that violated a law.

California Trucking Laws

California law requires that all trucks equipment, such as lights, windshields, reflectors, etc., must comply with the United States Federal Motor Carrier Safety Administration standards.

Stalking Law and Elements (California)

The term “stalking” is defined as a person engaging in a course of conduct directed at a specific person that would cause a reasonable person to suffer substantial emotional distress or fear for their safety.

Contact our attorney.

Please tell us your story:

0 + 2 = ?