Turning a Fall and an Injury Into a California Claim

Attorney Answer

Nobody owes you money in California simply because you were hurt — someone has to have been careless, and the missing piece right now is where you fell and who was responsible for that place. That one fact decides whether there is a claim at all, who it is against, and how long you have to bring it.

The rule that governs is Cal. Civ. Code § 1714(a): "Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself." Read it in halves. The first half is why a store, a landlord, a contractor or a public agency can be made to pay: they must use ordinary care in managing their property. The second half is why the other side will look hard at what you were doing.

That second half does not end a claim in California. Under our pure comparative fault system, a claimant's recovery is reduced only to the extent that their own lack of reasonable care contributed to the injury — reduced in proportion, not eliminated. The Supreme Court reaffirmed that system in Daly v. General Motors Corp., 20 Cal. 3d 725 (1978). So do not talk yourself out of asking simply because you think you should have been watching your step.

If there is a responsible party, Cal. Civ. Code § 3333 measures what you can recover: the amount that will compensate for all the detriment proximately caused, whether or not it could have been anticipated. That reaches the medical care you have had and the care you still need, out-of-pocket costs, lost earnings, and the pain and lost normal activity.

Treatment is the more immediate problem, and it does not wait for a claim. Emergency departments and community clinics treat first and bill afterward, and a health plan usually pays before any settlement does. Getting seen also creates the record that ties your injury to the fall, which is the document a claim later stands on.

What you can do

1. Get medical attention, and make sure the record states where you fell, when, and what happened.

2. Write down the exact address or place, and who owns or runs it — a store, a landlord, an employer, a city or a private home.

3. Photograph the spot and whatever caused the fall as soon as you can. Broken steps get repaired and spills get mopped, and the photograph is often the only proof the condition existed.

4. Keep your bills, receipts and a note of the days you have missed work or could not manage on your own.

5. If you fell on a sidewalk, in a park, on public transit or in a government building, ask a local attorney immediately: a claim against a public entity generally must be presented within six months under Cal. Gov't Code § 911.2(a), which is far shorter than most people expect.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Cal. Code Civ. Proc. § 335.1 gives two years for a personal-injury claim, and Cal. Gov't Code § 911.2(a) cuts that to a six-month presentation deadline where a public entity is responsible. Which one applies to you depends on facts this page does not have — above all, where you fell. Take the place, the date and your records to a local attorney soon rather than later.