Slip and fall claims have a reputation for being easy money. In practice, they are among the harder personal injury cases to win in California, because falling on someone’s property proves almost nothing on its own. Before you sign with anyone, here are ten things worth understanding, grouped by where they matter in the process.
What the law actually requires
1. Three elements, not one
Under California jury instruction CACI 1003, you must show a condition on the property created an unreasonable risk of harm, that the owner knew or should have known about it, and that the owner failed to fix it, guard it, or warn about it. A wet floor by itself does not clear that bar.
2. Notice is where most cases are won or lost
Actual notice means someone knew. Constructive notice means the hazard sat there long enough that reasonable inspections would have caught it. In Ortega v. Kmart, the California Supreme Court confirmed that an absence of recent inspections can support an inference the condition existed long enough. Firms that handle these regularly, including the slip and fall lawyers San Diego team at HHJ Trial Attorneys, go straight for sweep logs and inspection records. Larger firms such as CaseyGerry and Gomez Trial Attorneys take the same approach with their own investigators.
3. Being partly at fault does not end your claim
California uses comparative fault. If a jury decides you were 25 percent responsible for looking at your phone, your award drops by 25 percent rather than disappearing.
4. Your deadline depends on who owns the property
Two years is the general rule for a private business or landlord. If you fell on public property, a government claim usually must be filed within six months, and missing it typically ends the matter.
What happens to the evidence
5. The video is already on a timer
Most retail and apartment systems overwrite footage within 14 to 30 days. A written preservation demand sent quickly is often the single most valuable thing a lawyer does in week one.
6. The incident report matters more than people expect
Ask for a copy before you leave. If staff refuse, note the manager’s name and the time, then write your own account that day while the details are exact.
7. Keep the shoes
Do not clean them, and photograph the floor, the lighting, any cones or lack of them, and the substance itself. Defense experts routinely blame footwear, and unwashed shoes have quietly saved a lot of claims.
What to check about the firm and the money
8. Ask who actually controlled the area
Liability may sit with a landlord, a tenant business, a property manager, or a janitorial contractor, and often more than one. A firm that names the right defendants early avoids losing months to amended pleadings.
9. Read the fee agreement properly
Under Business and Professions Code 6147, a contingency contract must be in writing, must state the rate, must explain how costs affect your net recovery, and must state that the fee is not set by law and is negotiable. Ask whether the percentage rises once suit is filed and who advances expert costs.
10. Ask what happens if the offer is low
Premises insurers track which firms file suit and which do not. Ask directly how many cases the firm has tried, and who would try yours. HHJ, founded in 2018 by Michael Hernandez, Adam Hepburn, and Elliott Jung, points to more than 100 jury trials among its partners and three consecutive years as San Diego Union Tribune readers’ Best Litigation Firm. Other firms publish similar records, and it is a fair thing to compare.
Practical next steps
Get evaluated by a doctor even if you feel fine, since a treatment gap is the first argument an adjuster will make. Report the fall in writing. Gather names of anyone who saw it. Then talk to a lawyer before the video cycles.
Free consultations are standard across San Diego County, so there is no cost to a second opinion. HHJ Trial Attorneys and other established local firms will review the facts and tell you whether notice can realistically be proven in your case, which is the honest question at the center of every slip and fall claim. Ask it early, while the evidence still exists.
