Slip & Fall Premises Liability

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California Premises Liability & Slip-and-Fall Law: Understanding Your Rights After an Injury on Unsafe Property

Property owners — whether homeowners, landlords, businesses, retailers, or government agencies — have a legal duty to maintain their property in a reasonably safe condition. When they fail to repair hazards, warn of dangers, or fix unsafe conditions, innocent visitors can suffer severe injuries.

Slip-and-falls, trip-and-falls, collapsing structures, unsafe stairways, defective sidewalks, poor lighting, and other dangerous conditions often cause life-altering harm.

At Bakh Law Group, PC, we represent clients injured on private, commercial, and public property throughout California.

This guide explains how premises liability works, how to prove dangerous conditions using CACI instructions, the difference between private vs. government claims, sidewalk liability, and 30 common FAQs.

In Order to Win a Premises Liability Case, Here’s What Must Be Proven

California premises liability cases are governed by two major frameworks:

A. CACI 1000–1011 (Private Property Owners)

These govern claims against private landowners, including:

  • Stores (Target, Walmart, Ralphs, Costco, etc.)
  • Apartment complexes
  • Shopping centers
  • Hotels
  • Gyms
  • Restaurants
  • Parking lots
  • Private sidewalks and walkways

B. CACI 1100–1123 (Public Property / Dangerous Conditions of Public Property)

These apply to government entities, including:

  • Cities
  • Counties
  • The State of California
  • Caltrans
  • School districts
  • Parks and recreation agencies
Understanding the Difference Between Private and Government Premises Liability

1. CACI 1000 Series – Private Property (Slip-and-Fall / Premises Liability)

To win against a private property owner, plaintiff must prove:

Under CACI 1000:

  1. Defendant owned, leased, occupied, or controlled the property
  2. Defendant was negligent in the use or maintenance of the property
  3. Plaintiff was harmed
  4. Defendant’s negligence was a substantial factor in causing the harm

How Do You Prove Negligence?

Negligence can be shown by lack of:

  • Inspection
  • Maintenance
  • Cleanup
  • Warning signs
  • Repair
  • Lighting
  • Proper staffing

California law requires reasonable inspections.
A store cannot claim “we didn’t know about the spill” if they had no reasonable inspection schedule.

2. CACI 1100 Series — Dangerous Condition of Public Property (Government Claims)

These cases are NOT negligence-based. They require proving a dangerous condition as defined by statute.

Under CACI 1100–1103, plaintiff must prove:

  1. Public property was in a dangerous condition
  2. The condition created a reasonably foreseeable risk of the type of injury that occurred
  3. The dangerous condition was created by:
    – a public employee’s negligence, OR
    – the government had notice of the condition and failed to repair it
  4. The plaintiff suffered harm
  5. The dangerous condition was a substantial factor in causing the harm

Government Claims Requirement

Before suing, you must file a Government Tort Claim within 6 months.
Failure to file bars the lawsuit.

Dangerous Condition vs. Dangerous Condition of Public Roadway — Critical Differences

A. Dangerous Condition (Private Property)

Covers hazards such as:

  • Wet floors
  • Spills
  • Cracked tiles
  • Broken staircases
  • Torn carpeting
  • Uneven walkways
  • Poor lighting
  • Falling merchandise
  • Unsafe escalators/elevators

The question is:
Did the owner act reasonably to prevent the hazard?

B. Dangerous Condition of Public Road/Sidewalk (CACI 1100 Series)

These cases require proving:

  • A defect in the roadway/sidewalk/crosswalk
  • Poor design
  • Missing signage
  • Lack of lighting
  • Potholes
  • Broken sidewalks
  • Tree-root uplift
  • Improper drainage

Government is liable if they:

  • Created the danger, or
  • Knew about it (actual notice), or
  • Should have known about it (constructive notice)

and failed to fix it.

Liability for Sidewalk Injuries — Including Adjacent Property Owners

Sidewalk cases are unique because both public entities AND adjacent private property owners may share responsibility.

California law holds:

  • Public entities maintain general responsibility for public sidewalks
  • BUT private owners adjacent to the sidewalk may be liable when:
    – Their trees caused uplift
    – Their irrigation system caused water damage
    – Their construction or negligence created the hazard
    – Their employee or contractor created debris, tripping risks, or unsafe conditions

This means a victim may sue:

  • The City
  • The County
  • Caltrans
  • The adjacent private property owner
  • The business benefiting from sidewalk use
  • Contractors who created the danger

BLG investigates both sides immediately to preserve your claim.

Where Premises Liability Injuries Commonly Occur

Inside Stores

  • Wet floors
  • Slip-and-falls from spills
  • Falling merchandise
  • Broken shelving
  • Poor lighting
  • Unsafe flooring transitions

Outside Stores

  • Sidewalk cracks
  • Missing handrails
  • Uneven pavement
  • Dangerous curbs
  • Slippery paint or sealants

Parking Lots

  • Potholes
  • Poor lighting
  • Lack of security
  • Vehicle-pedestrian collisions
  • Oil or grease spills

Stairways & Ramps

  • Broken steps
  • Missing or loose handrails
  • ADA violations
  • Poor lighting

Apartment Complexes

  • Common area hazards
  • Loose railings
  • Dangerous balconies
  • Walkway cracks
  • Pool accidents

Bicycle Injuries on Premises

If a cyclist is injured due to a hazardous condition on:

  • A sidewalk
  • A parking lot
  • A driveway
  • A store entrance
  • A roadway controlled by a business

premises liability applies.

Types of Injuries in Premises Liability Cases
  • Broken ankles, wrists, hips
  • Head trauma / concussions / TBI
  • Spine injuries
  • Shoulder injuries (including rotator cuff tears)
  • Knee injuries (meniscus, ACL, MCL)
  • Back injuries
  • Lacerations or facial injuries
  • Long-term disability
  • Chronic pain
  • Wrongful death
Statute of Limitations
  • 2 years — private property premises liability
  • 6 months — government claims (sidewalks, public roads, public buildings)
  • 2 years — wrongful death
How BLG Proves Premises Liability Cases

We gather:

  • Surveillance footage
  • Incident reports
  • Maintenance logs
  • Inspection policies
  • Store sweep logs
  • Employee testimony
  • Weather data
  • Lighting measurements
  • Engineering analysis
  • Expert testimony

Most premises liability cases turn on notice, inspection, and safety protocols — BLG attacks these aggressively.

Frequently Asked Questions (FAQs)
What should I do after a fall?

Photograph the scene, report it, seek medical attention, and call BLG.

Do I need medical treatment immediately?

Yes — delays hurt your case and your health.

What if the property owner blames me?

BLG handles liability disputes aggressively.

What damages can I recover?

Medical bills, future care, pain and suffering, lost wages, and more.

Do slip-and-fall cases go to trial?

Many settle, but BLG prepares each case for trial.

How long do cases take?

Most take 9–18 months depending on discovery and experts.

What if I was partially at fault?

California uses comparative negligence — your damages may be reduced but not barred.

Can I sue if I was on a bicycle?

Yes if the hazard was on private or public property.

What if the hazard was obvious?

Not all “obvious hazards” excuse negligence — each case is fact-specific.

What if a child slipped at a school or playground?

School districts and contractors may be liable.

What if the fall happened in a store restroom?

Yes — owners must maintain safe restrooms.

Can I sue if I slipped on rainwater?

Yes — depending on how the property handled weather-related risks.

Does wearing the wrong shoes affect my case?

Only in comparative fault; it does not bar recovery.

Can poor lighting be a dangerous condition?

Absolutely.

Should I talk to insurance adjusters?

No — they often try to blame the victim.

What if I didn’t report the fall immediately?

You still may have a case.

Do I need to take photos?

Yes — they are extremely helpful.

Can multiple parties be responsible?

Yes. We often sue both the property owner and contractors.

Can I sue if I fell on government property?

Yes, but you must file a government claim within 6 months.

What if the sidewalk was broken by tree roots?

Adjacent property owners may share responsibility.

What if I tripped on a sidewalk?

Liability may fall on both the city and the adjacent property owner.

Can I sue if I fell in a parking lot?

Yes. Parking lots are part of the premises.

Are “wet floor” signs required?

Yes when mopping or when hazards exist.

What if the spill happened seconds before the fall?

The store may not be liable unless they created the spill.

Are stores required to have surveillance video?

No, but if they have it, BLG demands preservation immediately.

What is constructive notice?

The hazard existed long enough that the owner should have known.

Is the store automatically liable if I fell?

No. You must prove negligence or constructive notice.

Do I have a case if I didn’t see the hazard?

Yes. Most victims don’t see the danger — that’s why it’s dangerous.

What is considered a dangerous condition?

Anything creating an unreasonable risk of harm: spills, cracks, poor lighting, broken railings, uneven flooring.

Do stores need to constantly inspect for spills?

Yes. Failure to conduct reasonable inspections creates liability.

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Why Choose Bakh Law Group

At Bakh Law Group, we’ve handled thousands of personal injury and car accident cases throughout California. We understand the nuances of negligence law, insurance tactics, and the courtroom strategies that lead to successful outcomes.

We handle all cases on a contingency fee basis, meaning you pay nothing unless we win.

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If you’ve been injured in a car accident anywhere in California, call Bakh Law Group, PC for a free consultation. We’ll review your case, explain your rights, and help you secure the compensation you deserve.

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