Orange County Slip and Fall Lawyer

Not always. A minor injury that heals quickly can sometimes be resolved directly with the property owner’s insurer. A lawyer can help when the injury needs ongoing care, the owner denies knowing about the hazard, public property is involved, or video and inspection records need to be preserved. A signed release usually ends the claim for good, so a free consultation before signing can help you decide.

Generally, that the defendant owned, leased, occupied, or controlled the property; that it was negligent in using or maintaining it; that you were harmed; and that its negligence was a substantial factor in causing the harm (CACI No. 1000). The key issue is usually notice: whether the owner knew, or should have known, about the hazard in time to fix it or warn about it.

Not automatically. The store is responsible if it created the hazard, knew about it, or should have found it with reasonable inspections. A shopper can show the store should have known by proving the area was not inspected within a reasonable time before the fall (CACI No. 1011). Sweep logs, video, and employee statements often decide this, so ask for an incident report and keep your shoes.

Get medical care first. If it is safe, photograph the hazard, the area, the lighting, and your shoes before anything changes. Report the fall to the business or property manager and ask for the report number, and get the names and numbers of witnesses. Don’t guess about fault or sign anything. Tell each medical provider exactly how you fell.

It depends on who owns or controls that spot. City sidewalks are generally the city’s responsibility, sidewalks in unincorporated areas the County of Orange’s, and walkways on private property the owner’s. A claim against a city or the County generally must be presented in writing within six months, and a court can find that a minor defect is not a dangerous condition (Government Code §§ 911.2, 830.2).

Under Code of Civil Procedure § 335.1, most injury lawsuits must be filed within two years of the fall. If a public entity owns the property, such as a city, the County of Orange, a school district, or the State, a written government claim is generally due within six months under Government Code § 911.2. Exceptions exist, so confirm your dates early.

That defense does not automatically end a claim. An owner generally need not warn about a hazard that is truly obvious, but must still use reasonable care if people foreseeably have to encounter it (CACI No. 1004). Lighting, displays, crowding, and whether there was another route can all matter. If you were partly at fault, your damages are reduced by your share rather than eliminated.

Premises liability is the broader category: injuries caused by any unsafe condition on someone else’s property. A slip, trip, or fall is the most common kind. Others include falling merchandise, pool injuries, and inadequate security. The same core rules apply, including the owner’s duty of reasonable care and the six-month claim rule for public property.