Posted in Slip & Fall on July 14, 2025
Falling can cause serious injuries to many people. Victims who slip and fall due to the property owner’s negligence have the legal right to file a claim for their losses against the at-fault party. That is not always a simplistic process. With the help of a Long Beach slip and fall attorney, you will better understand how to file a slip and fall lawsuit in California.
Prove Premises Negligence
To file a slip and fall lawsuit in California, or an initial claim for compensation at all, you must demonstrate that the property owner, manager, or other responsible party is negligent. Negligence is directly related to four key elements:
- Duty of care
- Breach of duty of care
- Causation of the accident from the breach
- Losses from the accident
Specifically, you must prove that the property owner owed you a duty of care by showing that you had the legal right to be on the property. Unless there is a sign stating you should not trespass or you have no reason to be on the property, a duty of care is established. That is because California law requires that owners ensure their property is hazard-free.
Second, you need to show that the owner breached the duty of care. To do that, you need to show the owner did something or did not do something that creates the unsafe condition. This also means that the owner had enough time to take action and knew about the risk, or should have known about the risk.
Proving that the risk caused the accident is necessary. For example, suppose you fall over an uneven sidewalk on your way into the dentist’s office, and the property owner did not warn you of that risk. In that case, you can seek compensation if your accident led to financial and physical injury.
Know the Statute of Limitations
As a personal injury matter, the California statute of limitations plays a role in the ability to file a lawsuit against the property owner. This is a two-year time limit to file a lawsuit in the California courts for your losses. If you wait beyond this time, you cannot recover damages.
Consider Comparative Negligence Laws
California’s comparative negligence laws allow a victim to seek compensation against the at-fault party if they are partially to blame for the accident. However, their damages are reduced by the percentage of fault they hold. Your Long Beach injury lawyer will work to minimize this claim.
Settlements and Lawsuit Filing
Your attorney will gather evidence of fault to prove negligence and documentation of the losses you have to file a claim with the at-fault party’s insurance company. Most of the time, you will receive a settlement out of court for your losses. If, for any reason, that settlement is not adequate and you are being treated unfairly, your lawyer will file a lawsuit in court.
Filing a lawsuit then means working through the discovery phase, depositions, and motions. Your lawyer will remain by your side throughout this process. Ultimately, a court will determine who is at fault and if you should receive compensation.
Hire an Attorney to Guide You
To file a slip and fall lawsuit in California, you need to be ready for the challenges that could occur. With the guidance of a local, experienced attorney, you will have the resources you need to seek fair compensation.