Slip and fall (or trip and fall) accidents happen every day in grocery stores, retail shops, and big-box stores across California and many other states. Many people walk away embarrassed, assuming it was โjust an accident.โ In reality, a slip and fall can cause serious injuries, and you may have a valid legal claim.
So how do you know if you have a case? Our experienced San Bernardino slip and fall lawyers explain.
When a Store Can Be Held Liable
Under California law, store owners and operators have a legal duty to keep their premises reasonably safe for customers. A store may be liable if your fall was caused by:
- Water, spills, or liquids on the floor
- Recently mopped floors without warning signs
- Loose rugs, mats, or uneven flooring
- Poor lighting that hides hazards
- Items left in walkways or aisles
The main issue is whether the store was aware, or should have been aware, of the hazardous condition and failed to correct it or warn customers. In other words, did the store have notice (or should have had notice) of the condition that led to your accident in their store? This determination does not apply universally; each situation must be assessed individually.
What You Must Prove
To succeed in a slip and fall claim, you must show:
- A dangerous condition existed (e.g., water or liquid on the floor).
- The store knew or should have known about it (notice).
- The store failed to fix it or warn customers (failed to warn or correct).
- You were injured as a result (damages).
Photos, surveillance footage, incident reports, and witness statements are often critical in proving these elements.
What If I Wasnโt Watching Where I Was Going?
California recognizes that individuals in a store will be looking at the items on the shelf and not necessarily at the floor. California follows comparative fault rules. Even if the store claims you werenโt paying attention, you may still recover compensation. Your percentage of fault may reduce your damages.
Common Injuries in Store Falls
- Broken wrists, ankles, or hips
- Knee and shoulder injuries
- Back and spine injuries
- Head injuries and concussions
These injuries often worsen over time, which is why prompt medical attention is crucial.
Should I Speak With a Lawyer?
Slip and fall and/or trip and fall cases are heavily defended by insurance companies. Stores often deny responsibility or claim the hazard appeared moments before your fall. In many instances, this initial denial can discourage someone who has been harmed from seeking damages. Speaking with a California personal injury lawyer early can make a significant difference.
At LA Century Law, we investigate quickly, preserve evidence, and hold negligent property owners accountable. For a free consultation, please call us at 310-893-0553.