Victim of a slip & fall?

If you were injured in a slip and fall accident in Los Angeles, California law gives you the right to seek compensation when a property owner’s carelessness caused your harm. 

Property owners have a legal responsibility, a “duty of care,” to keep their premises in a reasonably safe condition for visitors. When they fail to meet that standard, they can be held accountable for the injuries that result.

The team at Sweet James is here to provide clear, direct answers to your questions. Call us for a free case review at (800) 900-0000.

Key Takeaways for Los Angeles Slip and Fall Claims

1. A property owner’s legal duty is not optional. California law requires them to maintain their property in a reasonably safe condition, which includes fixing hazards or warning you about them.
2. You may recover money even if you were partly at fault. California uses a “pure comparative negligence” rule, which means your compensation is simply reduced by whatever percentage of fault is assigned to you.
3. Deadlines are firm and can be short. You typically have two years to file a lawsuit, but if your fall happened on public property, the deadline to file an initial claim with the government entity is only six months.

Why Choose Sweet James After a Fall in L.A.?

You need a team that grasps the law and what you are experiencing. At Sweet James Accident Attorneys, we merge formidable legal skill with a client-focused purpose.

A Record of Success

Our firm holds a 98% success rate and has recovered over $2 billion for clients. We manage all types of premises liability cases, from slick floors in grocery stores to structural failures.

A Team with Deep Experience

With over 50 personal injury attorneys, our team has the backing of a large, nationally recognized firm. Our founder, James Bergener, started his career in insurance defense. This background gives our team a distinct advantage—we know how insurance companies think, how they value cases, and the tactics they use. It allows us to build strategies designed to counter theirs from the very beginning.

No Upfront Costs

We work on a contingency fee basis. Simply put, you do not pay us a dime unless we win your case. Your only job should be to get better, not to worry about affording legal help.

We Are Here For You

Every client receives direct, personalized attention. From your first call, you will see that our mission is to lift the legal weight from your shoulders. We will handle the paperwork, the deadlines, and the negotiations, freeing you to concentrate on your health.

Locally Based

Our Los Angeles office is at 16133 Ventura Blvd Suite 700, near Downtown LA in the Financial District.

What Compensation Can You Recover After a Slip and Fall?

The purpose of a slip and fall claim is to provide financial stability after an injury caused by another’s negligence. In California, this compensation, known as “damages,” is divided into two primary categories.

Economic Damages

These are the tangible financial losses tied to your injury.

• Medical Expenses: This covers everything from the ambulance ride and emergency room care to surgeries, physical therapy, medications, and any medical treatment you will need in the future.
• Lost Wages: Compensation for the income you were unable to earn while recovering.
• Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or diminish your ability to earn an income going forward, this damage covers that projected shortfall.

Non-Economic Damages

These losses are personal and lack a clear price tag, but they represent real harm.

• Pain and Suffering: This compensates for the physical pain, discomfort, and emotional distress the injury and its effects have caused.
• Emotional Distress: In some cases, this may include conditions like anxiety, depression, or PTSD that arise from the traumatic experience.

Where Do Slip and Fall Accidents Happen Most in Los Angeles?

In a city as vast as Los Angeles, a fall can occur almost anywhere. Heavy foot traffic and countless public and private properties create an environment where these accidents are common.

We see these incidents happen frequently in certain locations:

• Grocery Stores and Supermarkets: Spilled drinks, leaking freezers, and produce dropped in the aisles create slick, dangerous surfaces. Owners have a duty to perform regular inspections to find and fix these hazards.
• Shopping Malls and Retail Stores: Busy centers like The Grove can present dangers like uneven flooring, cluttered aisles, or recently mopped floors without proper “wet floor” signs.
• Restaurants and Bars: Spilled food and drinks, greasy kitchen floors, and dim lighting are common factors that contribute to falls.
• Parking Lots and Garages: Potholes, poor lighting, unmarked wheel stops, and cracked pavement can easily cause a person to trip.
• Apartment Buildings: Landlords may be liable for injuries caused by poorly maintained common areas, including broken stairs, torn hallway carpets, or inadequate lighting.
• Public Sidewalks: Cracks from tree roots, uneven pavement, or debris can make a walk hazardous. In these instances, a government body is typically responsible, which means a much shorter deadline to file a claim.

Proving Your Case: What Does “Negligence” Mean in California?

The legal foundation of a slip and fall case is called “premises liability.” This principle holds property owners accountable for injuries that happen on their property due to unsafe conditions. To win a claim, we must prove the property owner was negligent.

As we’ve mentioned earlier, negligence is built on the concept of a “duty of care.” California Civil Code 1714 states that all individuals are responsible for injuries caused by their failure to use reasonable care in managing their property.

To prove negligence, we must establish four key elements:

1. A Dangerous Condition Existed: There was a hazard on the property, such as a wet floor, a broken handrail, or a poorly lit staircase.
2. The Owner Knew or Should Have Known: The property owner either had actual knowledge of the hazard or, through the exercise of reasonable care and regular inspection, should have known about it. A puddle that just formed is viewed differently than one that has been there for hours.
3. The Owner Failed to Act Reasonably: The owner did not repair the condition, block it off from visitors, or provide an adequate warning.
4. This Failure Caused Your Injury: There must be a direct link between the dangerous condition and the fall that caused your brain or spinal injuries.

How Insurance Companies Approach These Claims

After a fall, you won’t be dealing with the property owner. You’ll be dealing with their insurance company. Insurance companies are businesses, and they must balance paying valid claims with remaining profitable.

This business model creates a conflict. The insurer’s claims adjuster is trained to investigate your claim thoroughly, and their job includes finding reasons to reduce its value or deny it.

• They will look for reasons to blame you. Using California’s comparative negligence rule, they may argue that you weren’t paying attention or were wearing improper shoes to shift more fault onto you.
• They might offer a quick, low settlement. It is a common tactic to present an early offer before the full extent of your injuries and future medical needs are clear. When bills are mounting, this can be tempting, but it is rarely enough to cover your long-term costs.
• The claim process is long and tedious. It is filled with paperwork and requests for documentation. This lengthy process can wear you down, making you feel pressured to accept an unfair offer just to move on.

Our role is to take over this entire process. We build a robust case supported by evidence, including photos, witness interviews, medical records, and expert reports, to establish the property owner’s negligence. We field all communications with the insurance company, working to ensure no blame is unjustly placed on you. And if the insurer will not offer a fair settlement, we are always prepared to take your case to court.

The “Open and Obvious” Defense: A Common Hurdle

One of the most frequent arguments an insurance company will make is that the hazard that caused your fall was “open and obvious.”

What does this mean? It’s a legal argument that the danger was so apparent that a reasonably careful person would have seen and avoided it. If a court agrees, it can reduce or even eliminate the property owner’s liability.

For example, they might argue that a large puddle in a well-lit hallway or a broken piece of pavement on a clear day should have been easily noticed.

However, this defense is not absolute. We can challenge it by showing that while the hazard might have been visible, it was not truly “obvious.” For instance:

• Distractions Were Present: In a busy store with bright displays and other shoppers, it’s reasonable that your attention wasn’t focused on the floor. The property owner created an environment designed to distract you.
• Poor Lighting or Visibility: A hazard may seem obvious in hindsight but was difficult to see at the time due to dim lighting, shadows, or glare.
• No Safer Alternative: If the hazard was in a location you had to cross—like a spill in a narrow aisle or a broken step on the only staircase—you may not have had a choice but to encounter it.

Four Steps You Can Take From Home to Protect Your Claim

While our team manages the legal complexities, here are four practical things you can do to support your case.

1. Follow Your Doctor’s Treatment Plan

Attend every medical appointment, complete your physical therapy, and fill every prescription. This dedication not only helps your physical recovery but also creates an official medical record that documents the severity of your injuries and the course of your treatment.

2. Keep a Pain and Recovery Journal

Each day, take a few minutes to write down how you feel. Note your pain levels, any physical activities you can no longer do, and how the injuries impact your daily routines. This journal can become powerful evidence to demonstrate your non-economic damages.

3. Organize Your Paperwork

Create a dedicated folder for all documents related to your accident. This should include medical bills, pharmacy receipts, pay stubs that show your lost income, and any correspondence you’ve received from the insurance company.

4. Stay Off Social Media

Assume that the insurance adjuster will be looking at your social media profiles. They are searching for anything they can use to downplay your injuries. A single photo of you at a social gathering could be twisted to argue that you are not as injured as you claim, even if you were in pain the entire time. The safest approach is to refrain from posting until your case concludes.

Don’t Let Uncertainty Prevent You from Seeking Justice

After a fall, it is easy to second-guess yourself. You might wonder if the injury is “serious enough” or if you were somehow to blame. Don’t let these doubts decide your future.

A property owner’s responsibility to maintain a safe environment is a legal one. Your injuries, your medical bills, and the disruption to your life are real. You have a right to find out what your options are.

Our team at Sweet James is here to listen, provide clarity, and handle the legal process so you can focus on healing. Call us for a free, no-obligation consultation at (800) 900-0000.