Slip and Fall Claims
Bakersfield · Kern County, California
Fall cases have an undeserved reputation for being easy. They are not. They are proof cases, and the proof has a short shelf life.
Notice decides the case
A property owner is not automatically responsible because someone fell. The question is notice — whether the owner created the hazard, actually knew about it, or should have discovered it through reasonable inspection. Nearly every fall case is won or lost on that issue.
The evidence disappears quickly
Spills get mopped, floor mats get replaced, and surveillance video is commonly overwritten within days or weeks. Moving early to preserve footage and inspection records is often the single most valuable thing done on a fall case.
Comparative fault is the standard defense
Expect the argument that you were distracted, wearing the wrong shoes, or should have seen it. California reduces recovery by a plaintiff’s share of fault rather than barring it, so the goal is to keep that percentage where the evidence honestly puts it.
Report it, photograph it, keep a copy
An incident report made the same day, photographs of the actual condition before it is cleaned up, and the names of any employees who responded will matter more later than almost anything else you can do.
California generally allows two years from the date of the fall to file suit. If the property is owned or maintained by a public entity, a written claim is usually required within six months — a deadline that passes quickly.