How do I prove a property owner was negligent after a slip and fall injury in California?
To prove a property owner was negligent, you must show they failed to use reasonable care to keep their property safe and that this failure directly caused your injury. Here are the steps to build your case.
Step 1: Document the Scene and Your Injuries
Immediately use your phone to take photos and videos of the exact hazard that caused your fall, such as a puddle, broken tile, or poor lighting. Also, photograph your injuries, the surrounding area, and any warning signs or lack thereof.
Step 2: Report the Fall to Management
Notify the property owner, manager, or an employee on duty right away. Insist on filing an official incident report and ask for a copy. This creates a time-stamped record of the event.
Step 3: Seek Immediate Medical Treatment
Go to an urgent care clinic or hospital. Medical records are critical evidence that links the fall to your specific injuries. Tell the medical staff exactly how and where you fell.
Step 4: Gather Witness Information
If anyone saw you fall or noticed the dangerous condition before your accident, get their full name and contact information. Independent witness testimony is powerful evidence that the owner should have known about the hazard.
Step 5: Preserve Physical Evidence
Keep the shoes and clothes you were wearing at the time of the fall in a secure bag. Do not wash them, as they may contain evidence of the surface condition.
Important considerations: Under California Civil Code § 1714(a), you must prove the owner knew, or through reasonable care should have known, about the dangerous condition but failed to repair it, protect against it, or give an adequate warning. Proving the owner had "notice" of the hazard is essential.
Note: You have two years from the date of injury to file a lawsuit under California Code of Civil Procedure § 335.1. Do not give a recorded statement to the property owner's insurance company without first consulting an attorney. Be aware that under California Evidence Code § 1151, if the owner fixes the hazard after you fall, that repair generally cannot be used to prove their negligence.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
Useful Links
Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 32
Updated: August 14, 2025
Personal Injury
Accident claims, medical malpractice, and compensation rights
View All Questions