Huntington Beach Slip and Fall Lawyer

Hurt in a Fall on Someone Else’s Property?

A fall on a wet floor, a broken step or an uneven walkway can mean a broken wrist or hip, a head injury, or months of back pain. If it happened in Huntington Beach because a property owner or business didn’t keep the place reasonably safe, you may have a premises liability claim. The Law Offices of Brent W. Caldwell represents people hurt in slip, trip and fall accidents and other unsafe-property injuries in Huntington Beach and across Orange County. Our office is on Beach Boulevard, and the consultation is free.

Where Premises Injuries Happen

Premises cases come from anywhere people live, shop and visit:

• Restaurants, bars and hotels, including spills, wet floors near entrances, and poorly lit stairs.
• Grocery stores and shopping centers: spilled products, leaking coolers, cluttered aisles and broken parking-lot pavement.
• Apartment and condo complexes: broken stairs and railings, poor lighting, and unrepaired walkways.
• Gyms, rinks and recreation businesses: unsafe equipment or surfaces.
• City and state property: sidewalks, parks, the pier and beach facilities (special rules below).

Not every injury on someone’s property is a fall. Falling objects, collapsing furniture, unsafe pools and inadequate security can also be premises liability claims.

How Premises Liability Works in California

California law requires everyone to use ordinary care in managing their property (Civil Code section 1714). To win a premises claim, you generally need to show that:

1. the owner or business controlled the property;
2. there was a dangerous condition;
3. they knew about it, or should have found it with reasonable inspections, and didn’t fix it or warn people; and
4. the condition caused your injury.

The third point is often where these cases are won or lost. Store cleaning logs, inspection records, surveillance video and prior complaints can show how long a hazard was there. Businesses often keep video for only a short time, so it helps to act quickly.

If you were partly at fault, for example looking at your phone, you can still recover. California reduces compensation by your share of fault instead of barring the claim.

Falls on City or State Property in Huntington Beach

Claims against a public agency follow different rules. A public entity can be liable for a dangerous condition of its property, but a written government claim is usually due within six months of the injury (Government Code section 911.2), long before the normal two-year deadline. Claims against the City of Huntington Beach are filed with the City Clerk.

Who owns the property matters. The city beach (from Seapoint Avenue to Beach Boulevard) and the municipal pier are run by the City of Huntington Beach. Huntington State Beach, from Beach Boulevard south to the Santa Ana River, is run by California State Parks, so a claim there goes to the state. If you were hurt on a sidewalk, in a park, at the pier or on a beach, talk to a lawyer early so the six-month deadline doesn’t pass.

What to Do After a Fall

1. Get medical care the same day, even if you think you’re fine. Head and back injuries don’t always show up right away.
2. Report it to the manager, landlord or property owner, and ask for a copy of the incident report.
3. Photograph the hazard before it’s cleaned up or fixed, plus the lighting, any warning signs (or the lack of them), your shoes and your injuries.
4. Get names of employees and witnesses.
5. Keep your shoes and clothing as they were.
6. Don’t give a recorded statement to the property owner’s insurer or sign anything before you get advice.

Common Injuries from Falls

• Broken wrists, arms, hips and ankles
• Concussions and brain injuries
• Back and neck injuries, including herniated discs
• Knee and shoulder injuries that may need surgery

A claim can include medical bills (past and future), lost wages, pain and suffering, and the effect the injury has on your daily life.

Premises Liability Results

• $2,500,000 for a premises liability injury at a commercial building. The initial offer was $800,000.
• $750,000 for a slip and fall at a restaurant. The initial offer was $0.
• $580,000 for a trip and fall at an ice skating rink caused by poor lighting. The initial offer was $0.
• $500,000 for an injury caused by a falling sculpture. The initial offer was $100,000.

Prior results do not guarantee a similar outcome. See more case results.

No Win, No Fee

The consultation is free, and we handle premises liability cases on a contingency fee: no attorney fees unless we recover compensation for you. Your written fee agreement explains how fees and case costs work.

How Long Do You Have to File?

An injury claim against a private property owner or business generally must be filed within two years. A claim involving city, county or state property usually requires a written claim within six months. The exact deadline depends on the facts. See California personal injury deadlines.

Huntington Beach Slip and Fall FAQ

The store says I should have watched where I was going. Do I still have a case?
Possibly. California uses comparative fault, so even if you share some blame, you can recover the part caused by the property owner.

I fell on a city sidewalk. What should I do?
Photograph the spot and get medical care, then talk to a lawyer quickly. Claims against the City of Huntington Beach usually must be filed within six months.

I was hurt at my apartment complex. Can I make a claim against my landlord?
Often, yes, if the landlord knew or should have known about the problem, like a broken stair or a missing handrail, and didn’t fix it.

What if there was a warning sign?
A sign doesn’t always end a claim. It depends on whether the warning was adequate and whether the hazard should have been fixed.

How much is my case worth?
It depends on your injuries, medical bills, lost income and the insurance available. We can explain what drives the value of your claim.

Related Help

Hurt by a defective product rather than an unsafe property? See our Huntington Beach product liability page. For other injuries, see Huntington Beach personal injury, or Orange County slip and fall if you were hurt elsewhere in the county.