Get examined
Even if you walked away. Fractures and head injuries from falls are routinely diagnosed on day two or three, and a gap in treatment is the insurer’s first argument.
Personal injury
Long Beach Slip and Fall Lawyer
Falling is not a case. Falling because a property owner knew about a hazard, or should have, and left it there is. The difference is proof, and most of that proof is gone within a week. The consultation is free.
Patrick S. AguirrePersonal injury attorney · Long BeachCallback request
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The claim
What a premises liability claim has to prove
Civil Code 1714 makes everyone responsible for injuries caused by their failure to use ordinary care in managing their property. In a fall case that means four things: a dangerous condition existed, the owner or occupier knew about it or should have discovered it, they failed to fix it or warn about it, and the condition caused your injury.
The second element is where most cases are won or lost. A spill from two minutes ago and a spill from two hours ago are different cases. California courts allow a jury to infer that an owner should have known about a hazard when the owner had no reasonable inspection routine, so a store that cannot produce sweep logs has a problem. A store that inspected the aisle ten minutes before you fell may not.
Sources: Judicial Council, CACI 1004 (Obviously Unsafe Conditions).
Where it happens
The falls that produce claims in Long Beach
- Spills, produce, and freshly mopped floors in grocery and big-box stores without cones or signs
- Apartment stairways with loose treads, missing handrails, or burned-out lighting in common areas
- Parking lots with potholes, unpainted wheel stops, and uneven asphalt transitions
- Loose mats, torn carpet, and thresholds in restaurants, offices, and medical buildings
- Wet pool decks and unlit walkways at hotels and apartment complexes
- Sidewalks lifted by tree roots, which raise the question of whether the city or the adjacent owner is responsible
The excuses
What the owner’s insurer will say
Expect four arguments. The hazard was open and obvious, so you should have seen it. You were looking at your phone. Your footwear was the problem. The defect was too small to matter. California courts do dismiss claims over very small height differences as “trivial defects,” so the exact measurement of a lifted slab or a step matters, and a photograph with a ruler or a coin for scale taken the same day is worth more than any later testimony.
California’s pure comparative fault rule means that even if a jury assigns you a share of the blame, you recover the rest. The insurer’s goal is to make that share large. The evidence you gather in the first hours is what keeps it small.
The evidence
What disappears first
The condition itself is usually cleaned up before you leave. Surveillance video is overwritten, often within days. The inspection log for that day is filed and forgotten. Employees who saw it change shifts and jobs. A written preservation demand to the owner in the first days is what keeps the video, the logs, and the incident report from vanishing.
Before you leave the scene: photograph the exact condition and the area around it, report the fall to a manager and ask for a copy of the incident report, and get the name and number of anyone who saw you fall.
What is at stake
What a fall claim covers
Falls break wrists, hips, and ankles, tear shoulders, and cause head injuries that are missed in the emergency room. For older adults a hip fracture is often a life-changing injury. The claim covers medical care past and future, lost income, pain and suffering, and, when a fall proves fatal, wrongful-death damages for the family.
Deadlines
Two years, or six months when the ground is public
A lawsuit against a private owner must be filed within two years of the fall under Code of Civil Procedure 335.1. If you fell on public property, a city sidewalk, a park, a courthouse, a school, or a transit platform, a written government claim is due to the responsible entity within six months under Government Code 911.2 before any lawsuit can be filed. Responsibility for a public sidewalk can fall on the city, on the adjacent property owner, or on both, depending on local ordinance and on who caused the defect, and sorting that out takes time you do not have.
The first days
What to do this week
Secure the incident report
Ask the business for a copy in writing. If they refuse, note the date, the manager’s name, and what you were told.
Keep the shoes
Do not wear them again and do not throw them away. Footwear is one of the four excuses, and the shoes answer it.
Write down the details
Time, lighting, what the floor looked like, whether there were cones or signs, who was nearby, and what employees said. Memory fades faster than injuries heal.
Do not give a recorded statement
The owner’s insurer will call within days. Decline until you have advice.
The office
How the Law Offices of Patrick S. Aguirre handles fall cases
A fall case starts with a preservation demand and a request for the video, the incident report, and the inspection records for the day. The office documents the hazard with measurements and photographs, identifies the owner, the tenant, and the management company, since each may carry its own policy, and follows the injury through treatment so future care is part of the claim. When the case involves public property, the government claim is presented well inside six months. If the insurer’s offer does not reflect the injury, the case is filed in Los Angeles Superior Court.
The office has represented injured people in Long Beach and across Los Angeles County for nearly three decades. The firm now has offices in Long Beach and Downey, and speaks Spanish.
Frequently asked questions
Common questions
The store says I should have seen the spill. Do I still have a case?
Possibly. An obvious hazard can eliminate the duty to warn, but a duty to take precautions may remain when foreseeable necessity requires someone to encounter it. The facts determine whether there was a duty and whether comparative fault reduces damages. Video and inspection records can help establish notice.
I fell at my own apartment complex. Can I bring a claim against my landlord?
Yes, for a dangerous condition in a common area such as a stairway, walkway, parking lot, or pool deck that the landlord controls and failed to maintain. Prior complaints from you or other tenants are strong evidence that the landlord knew.
I tripped on a lifted sidewalk. Who is responsible?
Usually the city, which means a written government claim within six months. Sometimes the adjacent owner, if their tree or their construction caused it. Photograph the defect with something for scale the same day; the city may repair it within a week.
I did not report the fall when it happened. Is it too late?
No, but report it now, in writing, and see a doctor. A late report is harder to prove and the insurer will say so, but medical records, photographs, and witnesses can still carry the case.
Selected case results
Personal injury results
A selection from 55 documented results
$2,850,000
Slip-and-fall matter
Premises liability
$320,000
Civil injury matter
Maricopa County, Arizona
$480,000
Slip-and-fall matter
Premises liability
$520,000
Civil injury matter
Maricopa County, Arizona
$360,000
Motor-vehicle collision
Los Angeles Superior Court
Client experiences
What clients say
★★★★★
“Patrick and his staff were very helpful with taking care of all the bills and legalities, so we can focus on healing.”
★★★★★
“Got my money and my vehicle fixed. Don’t hesitate to give them a call.”
★★★★★
“Patrick helped me with a dog bite case. He was able to get me more than I expected and was easy to work with. … I would recommend his services.”
★★★★★
“Patrick is very reliable, trustworthy, and will definitely be able to help you out. Cost is very reasonable.”
Meet your attorney
Law Offices of Patrick S. Aguirre
A Professional Law Corporation
The future of your case may depend on a successful outcome. It can be stressful to go through the legal process alone—but thankfully, you don’t have to.
The Law Offices of Patrick S. Aguirre will stand up for clients’ interests and rights, providing high-quality representation in personal injury cases and criminal defense matters throughout California from its Long Beach office.
We work with you and for your best interests. Our legal team is compassionate, hard-working, and tenacious—fighting to get the job done right when it matters most. No case is too complicated or insignificant for our full attention. Our clients may move forward into a brighter future free from worry about past mistakes.
We’re the legal team that never gives up. When you need an attorney who will fight for what’s right, turn to us, and we’ll do everything in our power to help. No matter how challenging your situation may seem, there is hope.
“Courage is the most important attribute of a lawyer.”
Robert F. Kennedy
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Thank you.
The office received your contact request. If your matter is urgent, call 562-904-4337.