The four elements of a California premises liability case
To recover in a slip-and-fall case, the plaintiff must prove: (1) the defendant owned, leased, or controlled the property; (2) the defendant was negligent in the use or maintenance of the property; (3) the plaintiff was harmed; and (4) the defendant's negligence was a substantial factor in causing the harm (CACI 1000 et seq.). The key fight in most cases is the second element — negligence in maintenance.
"Notice" — actual vs. constructive
The defendant is liable only if they knew about the dangerous condition (actual notice) or should have known about it (constructive notice — meaning the condition existed long enough that a reasonable inspection would have discovered it). Surveillance footage, sweep logs, maintenance schedules, and prior-incident reports are all critical evidence we subpoena early in every case.
Common slip-and-fall scenarios
Spills in grocery stores, restaurants, and big-box retail. Wet floors with no warning cone. Broken pavement and uneven walking surfaces. Inadequate lighting in stairwells and parking structures. Snow and ice (rare in Southern California but a factor in mountain communities). Each scenario has its own evidentiary playbook.
Comparative fault
California's pure comparative fault rule applies. Defendants will routinely argue that the plaintiff should have seen the hazard. We push back with the case law that limits how broadly that argument can be applied.
Free case review
Call (213) 380-9310 for a free review of your slip-and-fall case. Evidence in these cases disappears fast — video gets overwritten, store sweep logs get destroyed. Call early.