Slip and Fall
Claims against property owners and businesses for falls caused by unsafe conditions.
A fall claim turns on notice. The property owner is responsible if it created the hazard, knew about it, or should have found it through reasonable inspection, and then failed to fix it or warn about it.
That makes early evidence critical. Surveillance video is often overwritten within days, and sweep logs and incident reports can go missing. Akers Law sends preservation demands right away so that this evidence is kept.
Common causes
- Spilled liquids and wet floors with no warning
- Torn carpet, loose mats, and uneven flooring
- Broken or poorly lit stairs
- Cracked sidewalks and parking lot hazards
What to do after a fall
Report the fall to a manager and ask for a copy of the incident report. Photograph the hazard and your shoes. Get the names of anyone who saw it. See a doctor promptly, even if the injury seems minor.
What a claim can cover
Medical expenses
Emergency care, hospital stays, surgery, physical therapy, medication, and medical equipment. A claim can also seek the cost of treatment your doctors expect you to need in the future.
Lost wages
Pay you missed because of the injury, from the day it happened through today. This includes hourly pay, salary, overtime, tips, commissions, and bonuses, along with sick leave and vacation time you used to recover. Self-employed clients prove the loss with tax returns, invoices, and business records.
Lost earning capacity
Income the injury is likely to cost you in the future. If you cannot return to the same job, the same hours, or the same career path, a claim can seek the gap between what you could have earned and what you can earn now. Students and people between jobs can recover too.
Pain and suffering
Physical pain, emotional distress, anxiety, scarring, and the loss of activities you used to enjoy. No fixed formula applies. The amount turns on the injury, the treatment, and how long recovery takes.
Punitive damages
Money awarded to punish a defendant, on top of the amount that compensates you. California requires clear and convincing evidence of malice, oppression, or fraud. A drunk driver who causes a crash is a common example. Insurance generally does not pay punitive damages, so collection depends on the defendant’s own assets.
Deadlines
Most personal injury lawsuits in California must be filed within two years of the injury. If the fall happened on public property, such as a city sidewalk or a public building, a written claim usually has to be presented to the public entity within six months.
The life of an injury claim
From the day of the injury to the day you are paid. Not every claim goes through every step.
Read all 11 steps
Step 01 · Day 1
The injury
Get medical care, and keep every record. Photograph the scene, the vehicles or hazard, and your injuries. After a car crash with an injury, California requires a report to the DMV within 10 days.
Step 02 · First days
The first calls
The other side’s insurance adjuster often calls within days and asks for a recorded statement. What you say on that call can be used to argue fault or downplay your injuries.
Claim hackYou do not have to give the other side’s adjuster a recorded statement. Call Akers Law first: (949) 525-1560
Step 03 · First weeks
Investigation
Your lawyer notifies the insurance companies, collects the police report, photos, and witness statements, and identifies every policy that might pay. A claim against a public agency has a six-month clock that is already running.
Side track: your vehicle. If your vehicle was damaged, that claim usually moves faster and on its own. Repairs or a total-loss payment are often resolved within weeks while the injury claim continues.
Step 04 · Months
Treatment
You focus on getting better while the bills, records, and missed work are tracked. Settling before your doctors know the full extent of the injury risks leaving future costs uncovered.
Step 05 · After treatment
Demand
Once treatment ends or the future course is clear, your lawyer sends the insurer a demand package: the records, the bills, the lost income, and the amount that would resolve the claim.
Step 06 · Weeks to months
Negotiation
The adjuster responds with an offer, and the two sides trade counteroffers. Policy limits often set the ceiling on what the insurer will pay.
Many claims settle during negotiation and go straight to step 11. If yours does not, a lawsuit comes next.
Claim hackDo not sign a release until a lawyer has reviewed the offer. Akers Law reviews offers in a free consultation: (949) 525-1560
Step 07 · Before the two-year deadline
Lawsuit
Filing a complaint in superior court preserves the claim against the statute of limitations. The defendant is served and generally has 30 days to respond.
Step 08 · Several months to a year or more
Discovery
Each side requests documents, sends written questions, and takes depositions under oath. The defense may also ask for a medical examination by its own doctor.
Step 09 · Before trial
Mediation
A neutral mediator meets with both sides to try to reach a settlement. Many lawsuits resolve here.
Step 10 · Often one to two years after filing
Trial
A jury hears the evidence and decides fault and damages. Most cases settle before reaching this point.
Step 11 · Weeks after settlement or verdict
Payout
The money goes into the attorney’s client trust account. Liens and case costs are paid, the attorney fee is deducted, and you receive the rest with a written accounting.
Frequently asked questions
What do I have to prove in a slip and fall case?
In general, that the property owner or business knew or should have known about the dangerous condition, failed to fix it or warn about it in a reasonable time, and that the condition caused your injury.
What evidence should I gather after a fall?
Photos of the spot and what caused the fall, the shoes you were wearing, names of witnesses, and a copy of any incident report. Surveillance video is often recorded over within days, so ask an attorney to request that it be preserved right away.
What if I fell on public property?
Falls on city, county, or state property follow special rules. A written government claim generally must be presented within six months of the fall, well before the usual two-year deadline.