Slip-and-fall and premises liability basics in California: documenting the scene and deadlines

By Tyler Vance, California attorney · Updated 2026-09-28 · 3 min read

General information, not legal advice. Every situation is different. If you have a deadline or court papers, don't wait on a guide. Call (562) 644-4186.

Falls on someone else's property can cause serious injuries, and the evidence often disappears fast: the spill gets mopped up, the mat gets moved, the video gets overwritten. Here is what I suggest. This is general information, not advice about your case.

At the scene, if you can

1. Get medical help if you need it.
2. Photograph what caused the fall before it's cleaned up or fixed: the spill, broken step, uneven pavement, poor lighting, missing handrail, and the area around it. Include something for scale.
3. Photograph your shoes and clothing, and keep them as they are.
4. Report it to the manager or owner, ask for an incident report, and ask for a copy (or at least the report number and the name of the person who took it).
5. Get witness information, including employees who saw it or came to help.
6. Ask about cameras. Note where they are. Video is often recorded over, so it's worth having a lawyer send a written request to preserve it quickly.

Afterward

• See a doctor promptly, and follow the treatment plan.
• Write down exactly what happened while it's fresh: the time, where, what you were doing, and what you saw.
• Keep bills, receipts, and records of missed work.
• Be careful about recorded statements to the property owner's insurer, and don't post about the fall online.

The basic legal standard

Under Civil Code section 1714, everyone is responsible for injuries caused by a lack of ordinary care in the management of their property, while also taking into account the injured person's own lack of care. In practice, key questions often include whether there was a dangerous condition, whether the owner or occupant knew or should have known about it in time to fix it or warn people, and whether that condition caused the fall. A fall by itself doesn't prove anyone was careless.

Public property

Claims involving public property, like a city sidewalk or a government building, follow different rules. Under Government Code section 835, a public entity can be liable for a dangerous condition of its property if specific elements are shown, including that an employee created the condition or the entity had notice of it in time to protect against it. Before a lawsuit, a written claim generally must be presented to the public entity within six months for personal injury (Government Code section 911.2).

Deadlines

• Private property: generally 2 years to file a personal injury lawsuit (Code of Civil Procedure section 335.1).
• Public property: generally 6 months to present a written claim (see above).

Don't wait. Some deadlines can be much shorter than people expect.

How I can help

I handle injury cases on a contingency fee: no attorney's fee unless there is a recovery. Case costs may still apply, and every case is different. No outcome is guaranteed. Tell me what happened and I'll let you know whether I can help.

Attorney advertising. This guide is general information about California law as of the date shown, not legal advice, and it may not reflect later changes or local rules. Reading it or contacting me does not create an attorney-client relationship. Results vary and no outcome is guaranteed. Better Call Vance, PC, Tyler Vance, CA Bar No. 318810, 3301 Michelson Drive, Suite 2107, Irvine, CA 92612.