Are Slip and Fall Cases Hard to Win? An Honest Insight

Slipping on public property is more common than you might think. If it ever happens to you and you’re considering seeking compensation, you might wonder: Are slip and fall cases hard to win? The short, honest answer in 2025 is, “Difficult, but not impossible.” Why? Because success in these cases largely depends on proving that the property owner was negligent. To do that, you must establish four key elements:

1. The property owner owed a duty of care to maintain safe premises.
2. There was a hazardous condition on the property.
3. The owner knew or should have known about the hazard.
4. The hazard directly caused your injury.

Now, we also said these cases aren’t impossible to win. In our experience, they often take longer than expected—mainly because they frequently end up in litigation. 

Proving that you slipped and were injured due to a hazardous condition or a failure in property management can be challenging. The severity of your injuries can also impact both the complexity and the timeline of your claim. However, strong evidence—such as security camera footage or anything you, as the victim, are able to document—can help a skilled California slip and fall accident attorney build a solid case on your behalf.

Learn more about the key aspects of slip and fall cases, the basic steps involved, and how challenging—or manageable—they can be. If you don’t have a lawyer to help you, we strongly recommend hiring an experienced attorney from our firm. Call Megeredchian Law at (866) 359-0807 to schedule a free consultation. Start receiving qualified representation and fight along the best to pursue maximum compensation.

Are Slip and Fall Cases Hard to Win in 2025?

To understand how difficult—or manageable—slip and fall cases can be, it’s first important to know what they involve. How do slip and fall cases work? What are the main steps? And how challenging is each part of the process? While every case is different, most follow a general legal path that an attorney will use to pursue a settlement on your behalf:

Investigating Your Case

The first step in a slip and fall case is gathering evidence to build the foundation of your claim. A lawyer will typically collect witness statements, security camera footage, photos of the hazard, maintenance logs, incident reports, and medical records. If you’re able, take photos of the area where you fell, including lighting conditions, wet floors, missing signage, or anything unusual. If you’re incapacitated, ask someone you trust to do so.

In cases involving public or government-owned property, different legal rules apply. For example, if your fall occurred on a city sidewalk or in a government building, you may need to file a government claim within just six months under the California Tort Claims Act.

How Difficult is This?

This stage can be moderately difficult. It depends on how soon evidence is collected and whether the property owner or government entity cooperates. Surveillance footage and witnesses can make this step easier, but delays may result in lost or erased evidence.

Building Your Case

Once the evidence is gathered, your lawyer will structure the legal argument and identify the party responsible for your fall. This often includes issuing a pre-litigation demand letter outlining your injuries, the property owner’s negligence, and the compensation sought. If a settlement isn’t reached, the case may move into litigation.

Establishing that the property owner owed you a duty of care is central. In California, this means the owner had a legal obligation to maintain reasonably safe premises and to warn of or repair known hazards in a timely manner.

How Difficult is This?

This part varies in complexity. If there’s clear evidence of negligence, it’s straightforward. But if liability is disputed or multiple parties are involved (e.g., landlords, tenants, cleaning crews), building the case can become more complex.

Evaluating Your Losses

A crucial step is calculating your economic and non-economic damages. Tangible losses (economic) include:

• Medical expenses
• Prescription medications
• Lost wages
• Loss of future earning potential
• Property damage
  

Non-economic losses relate to the impact on your quality of life and may include:

• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Permanent disfigurement or disability
• Loss of consortium (impact on relationships)

If your loved one died due to a fall, you may also be entitled to wrongful death damages such as funeral and burial costs.

How Difficult is This?

Economic losses are usually easier to prove with receipts and records. Non-economic damages are more subjective and may require expert testimony or psychological evaluations, making this step moderately difficult.

Proving Negligence

This is the legal core of your case. To win, you must prove:

1. A dangerous condition existed on the property.
2. The property owner knew or should have known about it.
3. They failed to fix or warn about the hazard.
4. That failure directly caused your injuries.

California uses a pure comparative negligence system. That means even if you were partially at fault—say, you were texting while walking—you can still recover damages, though your compensation will be reduced by your percentage of fault.

Defenses may include signs warning of the danger, claims that you weren’t paying attention, or that you were trespassing.

How Difficult is This?

Proving negligence is often the most difficult part. It requires showing what the property owner knew or should have known and rebutting any claims of shared fault.

Negotiating a Settlement

Once liability and damages are clearly outlined, your lawyer can begin negotiating with the property owner’s insurance company. Settlements are often faster and less expensive than trials. According to the American Bar Association, about 97% of civil cases settle without going to trial.

Insurance companies may start with low offers, but a strong case with clear evidence and thorough documentation can pressure them to pay fair compensation.

How Difficult is This?

Settlement negotiations range from easy to difficult depending on the strength of the evidence, the insurance adjuster involved, and your attorney’s negotiation skills. With a good case and legal representation, most claims can settle favorably.

Taking Your Case to Trial

If settlement negotiations fail, your lawyer may recommend filing a lawsuit. Trials involve depositions, evidence presentation, expert testimony, and court appearances. This process can take months or even years to resolve, and it’s often more stressful and expensive than settling. However, filing a lawsuit doesn’t mean the case won’t settle later—many still do before trial begins.

How Difficult is This?

Trials are the most difficult and time-consuming stage. They require navigating court procedures, evidentiary rules, and legal arguments before a judge or jury. However, a strong attorney can help level the playing field.

Hire Experienced Slip and Fall Attorneys

Just because a slip and fall claim isn’t easy doesn’t mean it’s not worth pursuing. Don’t miss your chance to seek the compensation you deserve. Partner with an experienced California slip and fall attorney at Megeredchian Law. You can count on us to give 110% in fighting for maximum compensation—while maintaining real, honest, and open communication every step of the way. Call (866) 359-0807 to schedule your free consultation today.