Slip and fall claims in California

• Slip and fall in a government building
  Falls in city halls, courthouses, DMVs, libraries, schools and public garages are governed by Government Code 835 and a six-month claim deadline. Free case review.
• Slip and fall at a grocery store
  Grocery store falls turn on notice: what the store knew, when it knew, and what its own sweep logs show. Free case review, no cost for the report or the consultation.
• Slip and fall at Target
  Target falls are documented in a store incident report and usually captured on camera. The fight is over notice and whether a team member caused the hazard.
• Slip and fall at Walmart
  Walmart stores have wide camera coverage and documented cleaning routines. Both are obtainable, and both decide whether notice can be proven.

What these cases have in common

California holds a property owner to ordinary care under Civil Code § 1714(a), and a slip and fall plaintiff has to prove a dangerous condition, notice, causation and damages. Notice is the battleground. Under Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200 the question is whether the condition existed long enough for a reasonable inspection to find it, or whether the defendant's own employees created it.

Where the deadlines differ

• Private property: two years from the fall under Code of Civil Procedure § 335.1
• California public entity: a written claim within six months under Government Code § 911.2, then suit within six months of denial under § 945.6
• Federal property: an administrative claim within two years under 28 U.S.C. § 2675
• Video and inspection logs: often gone within 14 to 45 days regardless of the statute

Common questions