What a slip and fall case actually requires
California premises liability comes from Civil Code section 1714: everyone is responsible for injuries caused by their failure to use ordinary care in managing their property. For a fall, that means proving a dangerous condition existed, that the owner knew or should have known about it, and that the owner failed to fix it or warn you in a reasonable time. The “should have known” part is where cases are won. Under Ortega v. Kmart, if a store cannot show when it last inspected the area, a jury may infer the hazard was there long enough that the store should have found it.
That is why the evidence we gather in the first week decides most slip and fall cases: the video, the sweep logs, the incident report, and the maintenance records.
Falls we handle around San Dimas
- Grocery and retail stores along Foothill Boulevard and Arrow Highway: spills, produce on the floor, freshly mopped aisles with no cone, and mats that slide.
- Restaurants and bars downtown on Bonita Avenue: wet floors, poorly lit steps, and uneven patio surfaces.
- Apartment complexes: broken stairs, missing handrails, dark walkways, and pool decks. Landlords are responsible for common areas.
- Parking lots and sidewalks: potholes, lifted concrete from tree roots, and unmarked curbs. If the city owns it, a six-month government claim deadline applies.
- Workplaces where a third party, not your employer, created the hazard, which can allow a claim beyond workers’ compensation.
The evidence that disappears in 30 days
Most stores overwrite surveillance video in 14 to 30 days. Sweep logs and inspection sheets get discarded. The employee who saw the spill moves on. Morales Law Firm sends a preservation letter to the property owner and its insurer immediately, identifying the date, time, and camera locations, so the footage that shows how long the hazard sat there is kept. If it is not, the law allows a jury to hold that against the store.
What a slip and fall claim is worth
Falls cause fractures, especially of the wrist, hip, and ankle; knee and shoulder injuries; and back and head injuries. Your claim includes every medical bill and future need, lost income, and pain and suffering, which California does not cap. Comparative negligence applies, so the owner will argue you were not watching where you walked. That argument is answered with the video and with the rule that a business open to the public must keep it safe. The deadline to file is two years under Code of Civil Procedure section 335.1, or six months for a claim against a public entity.
In our practice, the slip and fall cases that get lost are the ones where the injured person walked out without reporting the fall, or reported it and said they were fine. Report it, get the manager’s name, ask for a copy of the incident report, and get medical care that day. The owner’s insurer treats a fall with no report and no same-day treatment as if it never happened.
Slip and fall cases in San Dimas
San Dimas’s shopping centers on Foothill Boulevard and Arrow Highway, the restaurants and bars downtown on Bonita Avenue, the apartment communities along San Dimas Avenue, and the parks and trails at Bonelli Park are where we see falls. Nearly all of the commercial properties have cameras, and most are owned by regional or national companies with insurers who handle these claims every day. We know how to make them produce what they have.
What to do after a fall
- Report the fall to the manager or landlord before you leave, and ask for a copy of the incident report.
- Photograph the hazard, the area, your shoes, and your injuries before anything is cleaned up.
- Get names and numbers of anyone who saw the fall or the hazard.
- Get medical care the same day.
- Do not give a recorded statement to the property’s insurer, and do not sign anything.
- Call Morales Law Firm so we can send the preservation letter before the video is gone.
Our guide on how to win your slip and fall claim covers the elements of the case in more detail.
Frequently asked questions
Are slip and fall cases hard to win?
They require proof the owner knew or should have known about the hazard, which is why early evidence matters. With the video, inspection logs, and a same-day medical record, they are very winnable. Without them, they are hard. Speed is the difference.
The store says I should have seen the hazard. Does that end my claim?
No. California uses comparative negligence, so your recovery may be reduced by a percentage, but a business open to the public must keep its floors safe and warn of hazards. A store that cannot show it inspected the area has a weak defense.
What if I fell at my apartment complex?
Landlords are responsible for common areas such as stairs, walkways, parking lots, and pools. A broken step, missing handrail, or dark walkway that the landlord knew about or should have found is a valid premises claim.
Can I sue the city for a sidewalk fall?
Yes, if the sidewalk was a dangerous condition the city knew about or should have discovered. A government claim must be filed within six months, so contact us promptly. Sometimes the adjacent property owner is responsible instead.
How much is a slip and fall case worth?
It depends on the injury, treatment, lost income, and the strength of the notice evidence. Fracture and surgery cases are often substantial. We give you a real range after the records and video are in hand.
How long do I have to file?
Two years for most claims under Code of Civil Procedure section 335.1, and six months for a claim against a city, county, or other public entity. Video is usually gone within a month, so call right away.
