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slip and fall law

California Slip and Fall Laws Explained (2024)

slip and fall law

If you’ve ever fallen and gotten hurt while on someone else’s property, you may have wondered if you have an injury claim against the property owner.

In California, the law says that owners could be responsible if they didn’t take proper care of their property to keep it safe.

But what does that really mean?

In this post we explain California’s slip and fall laws, detailing the responsibilities owners have to keep visitors safe from hazards, the different types of visitors and what reasonable care is owe to each group.

Lastly, we’ll discuss special cases like government-owned property and situations where multiple parties, including renters, may be liable for accidents.

Let’s begin.

Responsibilities of Property Owners in California

Slip and falls are one of the most common accidents. They often happen because of unsafe conditions where people walk, such as wet floors or damaged carpets with curled edges. Premises liability law addresses the responsibility of the owner to ensure the safety of people who visit their property.

That’s why it’s so important for owners to think about who might visit their property and take reasonable steps to protect them from harm.

California slip and fall laws explain what responsibilities property owners have to prevent accidents like falls.

So, how does this work?

If there’s something dangerous on a property that could cause someone to fall, the law expects the owner or the person in charge of the property, to take steps to fix the unreasonable risks.

Under California Civil Code section 1714, property owners must use ordinary care and skill to manage their property safely.

This law applies to both homeowners and business owners alike.

Here’s where it gets interesting:

In the past, whether the visitor was invited or just wandering onto the property played a big role in deciding what type of duty of care the owner needed to take.

However, today, the most important question is whether or not it was reasonable to expect that someone could get hurt. But it’s still helpful to understand the different types of visitors and what responsibilities an owner might have toward them.

Types of Visitors and What They Are Owed

falling at someone's homeWhen you go to someone else’s property, you generally fall into one of three categories: invitees, licensees, or recreational users.

These terms may sound a bit confusing, so let’s break them down.

  1. Invitees: These are people who are invited onto a property for business reasons.

For example:

If you go into a store to shop, you’re an invitee. Since invitees might not know the property well, owners must keep the area safe by inspecting it regularly and fixing or warning people about dangers.

  1. Licensees: These are people who are allowed onto the property for non-business reasons, like visiting a friend’s house.

Since licensees usually know the property better, owners only need to warn them about dangers they wouldn’t discover on their own.

  1. Recreational Users: These are people who are allowed to use someone’s property for fun, like hiking on a private trail.

In California, owners don’t have to make their property safe for recreational users unless the danger is extreme or the owner is being intentionally harmful.

They do, however, have to warn recreational users if the owner has invited them directly.

Why does this matter?

Understanding what kind of visitor you are can help you know whether or not the property owner should have done more to keep you safe.

What About Trespassers?

Now, here’s an interesting question:

What happens when someone is on a property without permission?

These people are called trespassers.

In most cases, owners don’t owe trespassers much responsibility, but they still can’t create hazardous conditions that would purposely hurt them.

However, if the owner knows that people tend to trespass on their property (like kids taking a shortcut through a yard), they might need to remove dangerous conditions or put up a warning.

But, what about children?

Special Rules for Children

Children are different from adults when it comes to how the law treats them in these cases.

Since kids don’t always understand dangers the same way adults do, owners are expected to be extra careful if children might wander onto their property.

In some states, there’s a rule called the attractive nuisance doctrine, which says property owners need to protect children from dangerous things that might attract them, like swimming pools or construction sites.

While California doesn’t follow this rule exactly, owners could still be responsible if a dangerous condition could easily draw children in and harm them.

So, what does this mean for you?

If an owner knows that kids might come onto their land, they have to make sure there’s nothing there that could hurt them. Even if the kids weren’t invited, the owner could still get in trouble if someone gets hurt.

Who Else Might Be Responsible for a Slip and Fall?

Here’s something a lot of people don’t realize:

When someone falls and gets injured on a property, it’s not always just the owner who might be at fault.

Other people who control or manage the property, like renters, could also be responsible if they don’t take proper care of it. This is especially true if someone is in charge of maintaining the property and doesn’t fix or warn others about dangers they know about.

In other words…

If you slip and fall, it’s not always the owner who’s responsible. It could also be the person who’s renting the property or taking care of it.

Slip and Falls on Government Property

But what happens if you slip and fall on government property?

It turns out, there are special rules for that, too!

According to California Government Code section 835, a public entity (like a city or state agency) could be responsible for your injury if:

  1. The dangerous condition was caused by a government employee while doing their job, or
  2. The public entity knew about the danger and didn’t fix it in time to prevent the injury.

So, yes—even government property has to be kept safe. If it’s not, and you get hurt, you might have a fall case against the government.

drinking at a partyWhat About Social Hosts?

Let’s say you’re at a friend’s house for a party, and you have a few drinks. If you have a slip and fall accident because you drank too much, can you hold your friend responsible for giving you the drinks?

Good question.

In California, the answer is no.

According to the California Civil Code, a property owner can’t be blamed for the actions of someone who drank alcohol on their property. The law says that the person who drank is responsible for their own actions, not the person who served the alcohol.

Now, what if the victim holds some responsibility for their injury? Let’s discuss that next.

Shared Responsibility: Comparative Negligence

When someone is hurt in a slip and fall accident, the law looks at whether everyone involved was acting reasonably. Sometimes, the injured party might be partly responsible for the accident.

For example:

If someone was texting while walking in a grocery store and tripped over a hazard, they might share some of the blame.

Here’s where it gets interesting:

California follows a rule called pure comparative negligence. This means that even if the injury victim is partly to blame, they can still get compensation for personal injury damages.

However, the amount they receive will be reduced by the percentage of their own fault.

For example, if they are 30% responsible for the accident, they’ll only receive 70% of the total compensation.

This rule can make a big difference in your fall claim.

Speak with a Skilled Fall Lawyer Today

In California, owners have a responsibility to keep their property safe for others. Exactly how much care they need to take depends on the situation and the people involved.

So, when should you hire a personal injury lawyer?

That’s why if you or someone you know has fall injuries, it’s important to contact our skilled personal injury attorneys to get the legal advice you need.

The personal injury lawyers at Curtis Legal Group have years of experience handling slip and fall lawsuits in California. We have helped many clients get through personal injury lawsuits to get the financial compensation they deserve for their injuries, lost wages and medical bills.

Reach out to our Slip and Fall Lawyers today for a free consultation. Our law firm will fight to make sure you get the help you need! Schedule your case evaluation today!