A slip and fall accident can happen in seconds and cause injuries that take months to recover from. Under California law, property owners owe a duty of reasonable care to people on their premises. When they fail to maintain safe conditions, and someone is injured as a result, they can be held legally responsible. But not every fall creates a viable claim.
The Law Office of Sam Salhab represents personal injury clients in Fresno and throughout the Central Valley. If you were injured in a slip and fall, a free consultation is available to evaluate your situation.
What California Law Requires Property Owners to Do
Under California Civil Code § 1714, property owners owe a duty of ordinary care in managing their premises. That duty applies to residential landlords, retail stores, restaurants, apartment complexes, office buildings, and government entities.
The duty does not make property owners insurers against all accidents. It requires reasonable steps to identify and address hazardous conditions before someone is hurt.
What Must Be Proven in a Fresno Slip and Fall Case
California’s Civil Jury Instructions (CACI 1000) define the elements a plaintiff must prove in a premises liability case:
- The defendant owned, leased, occupied, or controlled the property
- The defendant was negligent in the use or maintenance of the property
- The plaintiff was harmed
- The defendant’s negligence was a substantial factor in causing that harm
Actual Notice vs. Constructive Notice
The most contested issue in slip and fall litigation is whether the property owner knew about the hazard.
Actual notice means the owner was directly informed — an employee reported a leak, a customer complained about a broken step.
Constructive notice means the hazard existed long enough that a reasonable owner conducting regular inspections would have found and fixed it. A spill sitting on a grocery store floor for two hours is the classic example. Surveillance footage, maintenance logs, and inspection records are the most critical evidence for establishing this.
Common Causes of Slip and Fall Accidents in Fresno
Fresno’s climate, urban layout, and mix of commercial and residential properties create specific slip and fall risk patterns:
- Grocery store and retail spills — product leaks, mopping without warning signs, refrigeration condensation near produce sections
- Restaurant floor hazards — grease, spilled liquids, uneven entryway transitions
- Apartment complex walkways — cracked pavement, poor lighting, uneven steps, broken handrails
- Irrigation runoff and standing water — Fresno’s agricultural surroundings and residential irrigation patterns create wet surfaces on sidewalks and parking lots
- Parking lot defects — potholes, cracked asphalt, inadequate lighting in commercial areas
- Cracked public sidewalks — Fresno Public Works maintains sidewalks and street infrastructure, and falls on city property can create government liability claims
- Poor lighting — inadequate lighting in stairwells, parking structures, and building entrances
Who Can Be Held Liable
Multiple parties can share liability depending on who owned, controlled, or maintained the property where the fall occurred:
| Potential Defendant | Example |
| Retail store or restaurant | Failure to clean or warn of a spill |
| Property owner / landlord | Broken stairs in an apartment complex |
| Property management company | Failure to maintain common areas |
| Maintenance contractor | Negligent repair creating a new hazard |
| City of Fresno or other government entity | Cracked sidewalk, defective public walkway |
| Commercial tenant | Business that created a hazard in its leased space |
Identifying all potentially liable parties early matters. California’s comparative fault system apportions damages among multiple defendants, and missing a liable party can reduce recovery.
Falls Cause Serious and Lasting Injuries
According to the CDC, falls are the leading cause of both fatal and nonfatal injuries among adults 65 and older. In 2023, over 3.85 million older adults were treated in emergency departments for fall-related injuries. In 2024, more than 43,000 older adults died as a result of falls. The age-adjusted fall death rate increased 21% between 2018 and 2024.
Common slip and fall injuries include hip fractures, wrist and ankle fractures, knee injuries, shoulder tears, spinal cord injuries, concussions, and traumatic brain injuries. Hip fractures are particularly significant — they frequently require surgery, extended hospitalization, and rehabilitation, and in older adults they carry meaningful mortality risk within the first year.
Why Falls Affect Older Adults Differently
For older adults, a fall that might cause a minor injury in a younger person can be catastrophic. Reduced bone density increases fracture risk. Existing medical conditions complicate recovery. Longer hospitalization periods produce higher medical costs and greater long-term care needs. These factors directly affect the damages calculation in a slip and fall claim involving an older injured person.
California’s Comparative Fault Rule
California’s pure comparative negligence standard applies to slip and fall cases. A plaintiff who bears partial responsibility for their own fall can still recover damages, reduced proportionally by their fault percentage.
If total damages are $120,000 and the plaintiff is found 25% at fault — perhaps for failing to notice an obvious hazard — the recovery is $90,000. Insurers routinely argue that the injured person was distracted by their phone, wearing inappropriate footwear, or ignored visible warning signs. Documenting the scene immediately, obtaining surveillance footage, and preserving physical evidence counters these arguments.
Claims Against Government Entities in Fresno
When a fall occurs on public property — a city sidewalk, a public park, a government building — different procedures and shorter deadlines apply. A Government Claims Act notice must be filed with the City of Fresno or the relevant agency within six months of the incident before a lawsuit can proceed. Missing this deadline permanently bars the claim regardless of its merit.
For falls on private property, the standard personal injury statute of limitations is two years from the date of the accident under Code of Civil Procedure § 335.1.
Evidence That Strengthens a Fresno Slip and Fall Claim
- Surveillance footage — most commercial properties have cameras; footage is often overwritten within 30 to 72 hours and must be preserved immediately
- Photographs — take photos of the hazard, the surrounding area, your injuries, and any footwear worn at the time before anything changes
- Incident report — file one with the property owner or manager at the scene; request a copy
- Witness statements — contact information from anyone who saw the fall or the hazard before it
- Maintenance and inspection records — obtainable through discovery; shows whether the property had a reasonable inspection system
- Medical records — document injuries from the first emergency visit through all ongoing treatment
California and National Fall Injury Statistics
From the CDC and the National Safety Council:
| Metric | Figure |
| Older adults who fall each year in the US | 14 million (1 in 4 aged 65+) |
| Older adult fall-related ED visits (2023) | 3.85 million |
| Older adult fall deaths nationally (2024) | 43,020 |
| Increase in fall death rate (2018 to 2024) | +21% (age-adjusted) |
| 10-year increase in fall-related deaths | +51% |
From the Bureau of Labor Statistics, slips, trips, and falls account for 18% of all workplace injuries requiring days away from work — making them one of the most common sources of serious non-fatal injury across all settings, not only workplaces.
Talk to a Fresno Slip and Fall Attorney
The window to preserve critical evidence closes quickly after a fall. The Law Office of Sam Salhab offers free, confidential consultations with 24/7 availability and no fee unless you recover. Contact the firm before surveillance footage is overwritten or the Government Claims Act deadline passes.
Frequently Asked Questions
What is a slip and fall case worth in Fresno?
Case value depends on the severity and permanence of injuries, total medical expenses, lost income, the clarity of the property owner’s liability, and available insurance coverage. Minor injuries with full recovery typically resolve in lower ranges. Cases involving hip fractures, spinal injuries, traumatic brain injuries, or long-term disability can produce significantly higher settlements or verdicts.
How do I prove the property owner was at fault?
The key is establishing that the owner knew or reasonably should have known about the dangerous condition and failed to correct it. Surveillance footage showing how long a hazard existed, maintenance logs indicating missed inspections, prior complaint records, and witness accounts of the conditions are the most powerful forms of evidence.
Can I sue the City of Fresno for a sidewalk fall?
Yes, but a Government Claims Act notice must be filed with the city within six months of the fall before any lawsuit can proceed. This deadline is separate from and shorter than the two-year personal injury statute of limitations. Falls on cracked or uneven public sidewalks that the city had notice of — through prior complaints or long-standing disrepair — can support a premises liability claim.
What if I was partly at fault for my fall?
You can still recover under California’s pure comparative negligence rule. Your damages are reduced by your percentage of fault. If you are found 30% responsible and your total damages are $100,000, you recover $70,000. Insurers routinely attempt to assign inflated fault percentages to injured plaintiffs, making independent evidence documentation essential from the outset.
Does the property owner have to have created the hazard to be liable?
No. Liability can arise from a condition the owner did not create, as long as the owner knew or should have known about it and failed to take reasonable steps to fix it or warn visitors. A spill caused by a customer, a crack in pavement caused by tree roots, or water tracked in by weather can all create liability if the property owner had reasonable opportunity to discover and address the condition.
How quickly should I act after a slip and fall?
Immediately. Surveillance footage is typically overwritten within 24 to 72 hours. Incident reports filed late are less credible. Injuries documented immediately after the fall are harder to dispute. If a government entity may be responsible, the six-month Government Claims Act deadline begins running from the date of the fall. Contacting a personal injury attorney within the first few days maximizes the evidence available to build your claim.
Do slip and fall cases usually go to trial?
Most settle before trial. Settlement becomes most likely after discovery, when both sides have reviewed surveillance footage, maintenance records, and medical documentation. Cases with strong liability evidence and significant documented injuries resolve at higher values. Cases where liability is disputed or injuries are minor are more likely to be contested or resolved for lower amounts.
