If you were injured in a slip and fall or trip and fall accident on someone else’s property in Los Angeles, you may have a premises liability claim against the property owner or occupier. California law imposes a duty of care on property owners to keep their premises in a reasonably safe condition for visitors. When they fail to do so and someone is hurt, they can be held legally responsible. The Law Offices of Mann & Elias has obtained verdicts and settlements for premises liability victims throughout Los Angeles and Orange County, including a $1.2 million jury verdict for a trip and fall at a large corporate retail store. Call (323) 857-9500 for a free consultation, available 24 hours a day.
California Premises Liability Law — What Property Owners Owe You
Under California Civil Code § 1714(a), everyone — including property owners — is legally responsible for injuries caused by their failure to exercise ordinary care in managing their property. This statute is the foundation of premises liability law in California.
The California Supreme Court in Rowland v. Christian (1968) 69 Cal.2d 108 established that a property owner owes a duty of care to all persons on their property, regardless of whether those persons are invitees, licensees, or trespassers. Courts evaluate that duty using the Rowland factors, which include:
- The foreseeability of harm
- The closeness of the connection between the property owner’s conduct and the injury
- The moral blame attached to the owner’s conduct
- The policy of preventing future harm
- The burden on the defendant of imposing a duty
In practical terms, this means commercial property owners — stores, restaurants, apartment complexes, and office buildings — must regularly inspect their premises, promptly correct dangerous conditions, and warn visitors of hazards they know about.
Common Causes of Slip and Fall Accidents in Los Angeles
Premises liability claims arise from a wide variety of dangerous conditions. The most common types of slip and fall cases we handle involve:
- Wet, slippery, or freshly mopped floors without warning signs
- Uneven sidewalks, broken pavement, or cracked walkways
- Poor lighting in stairwells, parking lots, and hallways
- Missing or broken handrails on stairs
- Loose, torn, or buckled carpeting
- Merchandise or debris left in store aisles
- Potholes or sunken surfaces in parking lots
- Slippery surfaces at commercial pool decks and recreational facilities
- Defective ramps or ADA-noncompliant access routes
Slip and Fall on Government Property
If your fall occurred on public property — a city sidewalk, a public park, a government building, or a public school — different rules apply. Under California Government Code § 835, a public entity may be liable for injuries caused by a dangerous condition of its property if:
- The property was in a dangerous condition at the time of the injury,
- The condition created a reasonably foreseeable risk of injury,
- The dangerous condition was caused by the public entity’s negligence or the negligent or wrongful act of its employee, OR the public entity had actual or constructive notice of the dangerous condition in sufficient time to take protective measures before the injury occurred.
Critically, if a government entity is responsible, you must file a government tort claim within six months of the date of your injury under Government Code § 911.2. This deadline is strict — missing it will almost certainly end your ability to recover. Contact an attorney immediately if your fall occurred on public or government-owned property.
Statute of Limitations for Slip and Fall Cases in California
Under California Code of Civil Procedure § 335.1, you have two years from the date of your injury to file a personal injury lawsuit against a private party. For claims against government entities, the six-month deadline for filing the required administrative claim under Government Code § 911.2 applies first. After that claim is rejected (or deemed rejected), you then have six months to file your lawsuit.
What You Should Do After a Slip and Fall
The steps you take immediately after a fall significantly affect the strength of your claim:
- Report the incident to the property manager or store manager and request a written incident report.
- Photograph the exact location where you fell, including the hazard that caused your fall, the lighting conditions, and any warning signs (or the absence of them).
- Identify witnesses and collect their names and contact information.
- Seek medical attention promptly — even if your injuries seem minor at first. Delayed diagnosis is common with soft tissue injuries and fractures.
- Preserve your clothing and footwear — these can be relevant evidence.
- Do not give a recorded statement to the property owner’s insurance company without speaking to an attorney first.
Why These Cases Require an Experienced Attorney
Premises liability cases are heavily defended. Commercial property owners carry liability insurance policies, and their insurers hire experienced adjusters and defense attorneys whose job is to dispute that the dangerous condition existed, argue it was obvious, or claim you were distracted or contributed to your own fall. Evidence — including surveillance footage — is frequently deleted within 30 to 72 hours unless an attorney sends a legal hold letter demanding its preservation. Acting quickly is critical.
The Law Offices of Mann & Elias has nearly 30 years of experience litigating premises liability cases in Los Angeles Superior Court, including the Stanley Mosk Courthouse (Central District) and the other regional courthouses across Los Angeles County. We know the arguments these cases generate and how to overcome them.
Compensation You May Recover in a Slip and Fall Case
Injured victims may be entitled to recover:
- Emergency room and hospital bills
- Orthopedic treatment, surgery, and physical therapy
- Future medical care for lasting injuries
- Lost income and lost earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
Frequently Asked Questions
How do I prove a property owner knew about a dangerous condition?
Proof of notice takes two forms. Actual notice means the owner knew directly about the hazard — for example, an employee had reported a leak or a prior customer had complained. Constructive notice means the condition existed for long enough that the owner should have discovered it through reasonable inspection. Courts look at how long the hazard was present, whether there was a regular inspection system, and whether prior similar incidents occurred. Evidence from surveillance footage, employee logs, and inspection records is critical. Our attorneys send document preservation letters immediately after being retained to secure this evidence before it is destroyed.
Can I still recover if I was partly at fault for my fall?
Yes. California follows a pure comparative fault rule, meaning your compensation is reduced by your percentage of fault — but you are not barred from recovery even if you share some responsibility. If a jury finds you 25% at fault and awards $100,000, you would recover $75,000. Property owner insurers frequently claim the victim was distracted by a phone or wearing improper footwear. Our attorneys challenge these arguments with the evidence and experts needed to protect your percentage of recovery.
What if the slip and fall happened at an apartment building?
Residential landlords owe the same duty of care to tenants and their guests under California Civil Code § 1714. If a dangerous condition in a common area — a broken step, a pooling water leak, inadequate lighting — caused your fall, the landlord may be liable. If the landlord had prior notice of the condition and failed to repair it, that significantly strengthens your claim. Call us to discuss whether your situation creates a viable premises liability case.
Contact a Los Angeles Slip and Fall Attorney Today
The Law Offices of Mann & Elias offers free consultations 24 hours a day. Call (323) 857-9500. No fee unless we win. We serve clients throughout Los Angeles County, including Downtown LA, Hollywood, the San Fernando Valley, the Westside, Pasadena, Glendale, and Long Beach.
