Many people who fall on someone else’s property already live with back pain, arthritis, or an old injury. After a fall, an insurance adjuster may point to that history and argue that the fall did not cause any real harm. If you worry about how a pre-existing condition affects your slip and fall claim, you are not alone. California law protects people whose existing conditions get worse because of someone else’s negligence. This guide explains how.
Why Insurers Focus on a Pre-Existing Condition in Slip and Fall Cases
Insurance companies look for reasons to pay less. Prior medical problems give them an easy argument: your pain comes from your history, not from the fall. Adjusters may request years of medical records hoping to find earlier complaints about the same body part.
This tactic can feel discouraging, but a pre-existing condition does not automatically weaken a slip and fall claim. In many cases, it simply changes how your attorney presents the evidence. A well-documented pre-existing condition slip and fall claim can even highlight how much the fall changed your life, because the contrast between your abilities before and after becomes clear. For example, someone who managed mild arthritis with occasional medication may need surgery or months of therapy after a fall.
The Law Protects People With Existing Conditions
In California, property owners must use ordinary care to avoid injuring others, a duty found in Civil Code section 1714. That duty applies to everyone who visits a property, including people with prior injuries or health conditions.
California’s civil jury instructions, published by the Judicial Council of California, address two related ideas:
- Aggravation of a pre-existing condition. If a fall made an existing condition worse, you may recover compensation for the worsening, even though you cannot recover for the condition itself.
- Unusually susceptible people. If a pre-existing condition made you more likely to suffer harm, you may still recover for the full extent of the harm the fall caused. Courts often describe this concept as the “eggshell plaintiff” rule.
In short, property owners take visitors as they find them, including visitors with old injuries or chronic health problems.
Common Pre-Existing Conditions in Slip and Fall Cases
Some conditions come up often in fall claims, including:
- Degenerative disc disease and chronic back pain.
- Arthritis in the knees, hips, or hands.
- Prior fractures, surgeries, or joint replacements.
- Osteoporosis, which weakens bones.
- Previous concussions or neck injuries.
Osteoporosis deserves special attention. According to MedlinePlus, osteoporosis makes bones weak and more likely to break, often in the hip, spine, or wrist. A fall that might bruise one person could fracture a hip for someone with weakened bones.
Falls can be especially dangerous for older adults. The CDC reports that falls were the leading cause of injury-related death among adults 65 and older in 2019.
How to Prove a Pre-Existing Condition Slip and Fall Claim
The key is showing the difference between your condition before the fall and after it. Strong evidence may include:
- Medical records from before the fall that show how you were functioning.
- Records after the fall that document new symptoms, diagnoses, or worsening.
- Imaging comparisons, such as X-rays or MRIs taken before and after.
- Doctor opinions that explain how the fall aggravated your condition.
- Testimony from family and coworkers about changes in your daily activities.
Our article on the role of medical records in personal injury cases explains why documentation matters so much.
Be Honest About Your Medical History
It can be tempting to downplay prior injuries. However, hiding your history almost always backfires. Insurers usually discover prior treatment, and inconsistencies can damage your credibility.
Instead, tell your doctors and your attorney about every relevant condition. Honesty allows your legal team to build a clear before-and-after picture and prepare for the insurer’s arguments.
Mistakes That Can Hurt a Pre-Existing Condition Slip and Fall Claim
Avoid these common missteps:
- Delaying medical care after the fall, which lets insurers blame the old condition.
- Skipping appointments or stopping treatment early.
- Giving a recorded statement that downplays new symptoms.
- Signing broad medical authorizations that give the insurer access to unrelated records.
- Settling too early, before doctors understand how much the fall worsened your condition.
Chronic pain often follows an aggravated injury. Our article on chronic pain after minor accidents offers helpful background.
What Compensation May Be Available
When a fall worsens a pre-existing condition, you may seek compensation for:
- Additional medical treatment, surgery, or therapy.
- Lost wages and reduced ability to work.
- Increased pain and loss of enjoyment of life.
- Future care related to the worsened condition.
California’s comparative fault rule may reduce your recovery if you share responsibility for the fall. Even so, it does not bar your claim.
Deadlines Still Apply
Most claims against private property owners must meet the two-year filing deadline in Code of Civil Procedure section 335.1. Falls on public property generally require a written claim within six months. Acting early also helps preserve video and other evidence.
How Our Team Handles Pre-Existing Condition Slip and Fall Cases
Our attorneys gather your full medical history, work with your doctors to explain how the fall changed your condition, and push back when insurers try to blame your past. We also investigate the hazard and the property owner’s notice of it. Learn more about common injuries in slip and fall cases, or read how insurers undervalue pain and suffering.
H2: Talk With a Bakersfield Slip and Fall Lawyer
A prior condition should never prevent you from seeking fair compensation. At Colvin Accident Lawyers, we listen with compassion and fight for the full recovery you deserve. Learn more about our Bakersfield slip and fall lawyer services, or read what our clients say.
Call (661) 616-1177 or contact us online. We answer the phone 24/7.
