A slip and fall can result in life-altering injuries or even death. If you or a loved one has been hurt in a slip, trip, or fall in Thousand Oaks or Westlake Village on someone else’s property, The Swanson Law Group is here to help. Contact our team today to explore your legal options and fight for the compensation you deserve.
What Laws Cover California Slip and Fall Accident Claims?
Slip and fall accidents in California are generally governed by premises liability law, which falls under the broader category of personal injury.
These claims are based on the legal principle that property owners, managers, and occupiers have a duty to maintain their premises in a reasonably safe condition for those who enter lawfully. If they fail to do so, and someone is injured as a result, they may be held liable for damages under California Civil Code § 1714(a), which establishes liability for harm caused by one’s lack of ordinary care (California Legislative Information).
In order to succeed in a slip and fall claim, the injured party typically must prove the following:
- A dangerous condition existed on the property
- The property owner (or responsible party) knew or should have known about the condition
- They failed to repair, warn about, or otherwise address the hazard
- That failure directly caused the injury
California also follows a pure comparative negligence rule, meaning that even if the injured person was partially at fault (e.g., distracted walking), they can still recover damages. However, the amount will be reduced by their percentage of fault.
These laws apply to a wide range of properties, including:
- Private residences
- Commercial businesses
- Government buildings
- Public spaces
However, special rules apply to claims against government entities, such as filing a notice of claim within six months under the California Tort Claims Act (Government Code § 910).