Can I Claim Personal Injury After a Slip and Fall Accident in the State of California?

Elderly woman slip and fall accident

Slip and fall accidents are amongst the most common in the United States, and this is also true in the state of California. 


Whether you fell because of improperly paved sidewalks or a spill at work, find out if your slip and fall accident makes you eligible for a personal injury claim.

What do we Call Personal Injury in California?

California is a strict liability state, where people responsible for the accident are liable. In the case of personal injury, this means:

1. They neglected proper maintenance or warning

2. The slip and fall accident caused injuries (or considerable mental anguish to the victim)

3. The accident incurred medical, hospital or other costs such as lost income

cautious wet floor panel

Is There a Time Limit for Claiming Personal Injury After a Slip and Fall  

The statutory limit is two years. Keep in mind that some cases may require months of preparation so it is essential to file your claim as soon as possible to ensure you receive compensation. 

Is There a Time Limit for Claiming Personal Injury After a Slip and Fall

The statutory limit is two years. Keep in mind that some cases may require months of preparation so it is essential to file your claim as soon as possible to ensure you receive compensation. 

cautious wet floor panel
contruction worker fell off ladder

Recognizing Slip and Fall Accidents

With slip and fall accidents, the most common injuries will be: 


  • Head injuries, concussions, or in the worst case, brain injuries 
  • Sprained ankles, wrists, broken arms and legs 
  • Twisted joints, broken bones 
  • Cuts and bruises 
  • Falls from a great height may incur significantly worse injuries such as damaged internal organs, head trauma, and even long term psychological damage 

Recognizing Slip and Fall Accidents

With slip and fall accidents, the most common injuries will be: 


  • Head injuries, concussions, or in the worst case, brain injuries 
  • Sprained ankles, wrists, broken arms and legs 
  • Twisted joints, broken bones 
  • Cuts and bruises 
  • Falls from a great height may incur significantly worse injuries such as damaged internal organs, head trauma, and even long term psychological damage 
contruction worker fell off ladder

​​In some cases, the victim may be denied a personal injury claim if they were: 


  • On a property unfit for visitors or where clear signage was displayed 
  • distracted at the time (staring at a mobile phone is increasingly the cause of these slip and fall accidents)
  • In an unfit mental state (inebriated or under the influence of drugs)

Understanding The California Pure Comparative Negligence Rule 

Whether the incident happened at work, on public grounds or at a private property, if your slip and fall case makes it to court, it is the state’s pure comparative negligence rule that will determine the amount of your compensation.

This simply means that the money you will be awarded can be reduced depending on the percentage of your own fault. If a jury determines you are 50% responsible for the accident, the $100,000 you should have been awarded for medical bills, lost income, etc…) will be reduced to $50,000.

Should I Hire a Personal Lawyer for Slip and Fall Accident?  

When it comes to determining fault and liability, slip and fall accidents are notoriously difficult. This is why it is highly recommended to hire an attorney who will help with: 


  • Assessing exactly the amount of liability from each party 
  • Negotiating the best compensation based on your case 
  • Gather and file all the proper documentation for your settlement 
  • Appear in court to defend your case 


As for the lawyer fees, most attorneys will work under the No Fee, No Recovery model, only charging 33% of the awarded sum if you win the case or settle out of court.

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