If you’re wondering how to file a slip and fall claim in California, start by getting medical attention right away and documenting the scene of the accident. Take photos of the hazard, collect witness contact information, and report the incident to the property owner or manager.
If the fall happened on government property, you must file a formal Notice of Claim within six months. California law generally gives you two years to file a personal injury lawsuit, though exceptions may apply for minors or delayed injuries.
To succeed in a slip and fall claim, you must prove the property owner was negligent—meaning they failed to address or warn about a dangerous condition. California’s pure comparative negligence rule allows you to recover damages even if you were partly at fault, though your compensation will be reduced accordingly.
A California slip and fall accident attorney can help you navigate these legal requirements, gather evidence, and negotiate with insurers, who as of 2025 must disclose policy limits within 20 days of a written request. Call Megeredchian Law at (866) 359-0807 to schedule a free consultation. Speak to an attorney directly and take the first step into pursuing maximum compensation for your damages.
How To File a Slip and Fall Claim, Step by Step
1. Get Medical Care Right Away
If you’ve been hurt in a slip and fall accident in California, your first priority should be seeking medical care—even if your injuries seem minor at first. Some conditions, like concussions, soft tissue injuries, or spinal trauma, may not show immediate symptoms but can worsen without treatment.
Getting prompt medical attention also strengthens your legal claim by creating a medical record that ties your injuries directly to the fall. In California, personal injury cases often settle after the victim has reached maximum medical improvement (MMI). Cases where treatment is completed quickly may settle in less than a year, while those involving serious injuries or delayed care may take longer.
Even if you’re unsure whether to take legal action, it’s important to document your condition from the beginning. Some symptoms—like back pain or head trauma—can develop or intensify days after the incident. If you or a loved one has experienced any discomfort after a fall, it’s crucial to follow up with a healthcare provider.
2. Notify the Property Owner and Complete an Incident Report
After receiving care, the next step is to inform the property owner or manager where the fall occurred. If you fell at a business or public location, ask to file an official incident report. This applies to supermarkets, retail stores, office buildings, and other commercial premises.
An incident report should include the date, time, and specific location of the fall, along with a description of the hazard and any visible injuries. You may be asked to sign it—review it carefully to ensure it’s accurate.
If the fall occurred on government-owned property, you’ll have only six months to file a Government Tort Claim under California Government Code § 911.2, which is required before you can file a lawsuit.
3. Collect and Preserve All Relevant Evidence
Strong documentation is essential in any California slip and fall case. If possible, take photographs of the hazard (such as a wet floor, broken handrail, or uneven surface) immediately after the fall. Capture the surrounding area, lighting conditions, and any warning signs—or lack thereof.
Important evidence to collect includes:
- Photos of the scene and visible injuries (including any progression over time)
- The completed accident or incident report
- Medical records and bills
- Statements or contact information from any eyewitnesses
- A journal tracking your pain, mobility, and treatment
- Proof of lost wages, if the injury caused you to miss work
You should also keep copies of all communication with the property owner, their insurance company, and your healthcare providers.
4. Speak to a California Slip and Fall Accident Attorney
At this stage, contacting an experienced slip and fall attorney in California is critical. Most personal injury lawyers work on a contingency fee basis, meaning you pay nothing upfront—they only get paid if they win or settle your case. Your attorney can assess whether the property owner was legally negligent and help preserve your rights from the outset.
California follows the rule of pure comparative negligence (Civil Code § 1714), which means even if you were partly at fault for your fall—for example, by being distracted or wearing slippery shoes—you can still recover damages. However, your compensation will be reduced based on your percentage of fault.
5. File Your Claim Before Time Runs Out
If a settlement can’t be reached with the property owner’s insurance company, your lawyer may recommend filing a formal lawsuit.
It’s important to act quickly: under California Code of Civil Procedure § 335.1, you have two years from the date of the injury to file a personal injury lawsuit. As mentioned before, if the property belongs to a city, county, or state agency, you must first file a government claim within six months, or your right to sue may be lost.
Your claim must show that the property owner was negligent—that is, they failed to maintain the property in a reasonably safe condition, knew or should have known about the hazard, and didn’t take appropriate steps to fix or warn about it.
For example, a store owner may argue that a spilled drink was cleaned promptly, and your lawyer will need to show otherwise through video footage, witness statements, or maintenance logs.
How Can a California Slip and Fall Attorney Help With Your Claim?
A California slip and fall accident attorney plays a crucial role in helping injury victims recover compensation by handling every legal aspect of the claim.
From the start, your lawyer will investigate the circumstances of the fall, gather critical evidence such as photographs, witness statements, and maintenance records, and establish whether the property owner was negligent. They will also assess the full value of your damages—including medical bills, lost wages, and pain and suffering—and deal with insurance companies on your behalf to avoid lowball offers or claim denials.
If a fair settlement isn’t offered, your attorney can file a lawsuit within the legal time limits and represent you in court. California law allows injured parties to recover even if they’re partially at fault, but proving liability and minimizing your share of fault requires legal experience. An experienced slip and fall lawyer increases your chances of securing maximum compensation while allowing you to focus on recovery.
Call Megeredchian Law at (866) 359-0807 for a free, confidential consultation. You’ll speak directly with a California slip and fall attorney who can guide you through your options and fight for the compensation you deserve.