A fall can happen in an instant: a wet grocery store aisle, a broken step at an apartment complex, or a cracked sidewalk outside a restaurant. Many people brush off a fall out of embarrassment, only to discover days later that they have a serious injury. If a hazard someone should have fixed caused your fall, a slip and fall attorney Bakersfield families trust can help you understand your rights and pursue fair compensation.
Why Slip and Fall Injuries Are More Serious Than They Seem
Falls cause far more harm than most people realize. According to the Centers for Disease Control and Prevention, falls were the leading cause of injury-related death among adults 65 and older in 2019, and older adult falls led to about 3 million emergency department visits that year.
Younger adults suffer serious harm, too. Common slip and fall injuries include broken wrists and hips, knee and shoulder damage, back and neck injuries, and traumatic brain injuries. Recovery may require surgery, physical therapy, and weeks or months away from work.
Where Slip and Fall Accidents Happen in Bakersfield
Dangerous conditions can exist almost anywhere the public walks. Our clients often fall in places such as:
- Grocery stores, big-box retailers, and shopping centers.
- Restaurants and hotels.
- Apartment complexes and HOA common areas.
- Parking lots and garages with potholes or poor lighting.
- Public sidewalks, parks, and government buildings.
- Swimming pool decks and locker rooms.
Typical hazards include spilled liquids, loose mats, uneven flooring, broken handrails, cluttered walkways, and inadequate lighting.
What You Must Prove in a California Slip and Fall Case
Under Civil Code section 1714, everyone must use ordinary care to avoid injuring others. For property owners and managers, that duty includes keeping their premises reasonably safe.
To succeed with a claim, you generally need to show:
- The owner or occupant controlled the property.
- A dangerous condition existed.
- The owner knew about the hazard, or reasonably should have discovered it, and failed to repair it or warn visitors.
- The hazard caused your injury.
Proving that the owner knew or should have known about the danger is often the most contested issue. Store inspection logs, surveillance video, and employee testimony can make the difference.
Steps to Take Before You Call a Slip and Fall Attorney in Bakersfield
What you do right after a fall can shape your entire claim. If you are able, take these steps:
- Report the fall to a manager or property owner, and ask for a copy of the incident report.
- Photograph the hazard before anyone cleans or repairs it, including the surrounding area and lighting.
- Collect contact information from witnesses.
- Keep your shoes and clothing in their current condition.
- See a doctor promptly, even if your injuries seem minor.
- Avoid giving recorded statements to the property owner’s insurer.
Surveillance footage can disappear quickly. Prompt legal action helps preserve this evidence before a business records over it.
Falls on Public Property Follow Different Rules
Falls on city sidewalks, county parks, or state property involve special rules. Under Government Code section 835, a public entity may be liable for a dangerous condition of its property if its employee created the hazard or the entity had notice of it in time to take protective action.
Strict deadlines apply. You generally must file a written claim with the responsible agency within six months of the fall. Missing that deadline can prevent you from recovering anything at all.
How Comparative Fault Affects Your Claim
Property owners and insurers often argue that injured people should have watched their step. California follows a comparative fault system, which means you can still recover compensation even if you share some responsibility. A court or insurer reduces your award by your percentage of fault.
For example, if your damages total $100,000 and you bear 20% of the fault, you could still recover $80,000. An experienced attorney can push back against unfair attempts to shift blame onto you.
Mistakes to Avoid Before Hiring a Slip and Fall Attorney in Bakersfield
Small missteps after a fall can weaken an otherwise strong case. Try to avoid these common mistakes:
- Waiting to see a doctor. Insurers often argue that a delay in treatment means your injuries are minor or unrelated.
- Apologizing or downplaying the fall. Saying “I’m fine” or “I wasn’t paying attention” at the scene can come back to haunt you.
- Posting on social media. Photos of you smiling at a family event can appear in an insurer’s file.
- Signing documents from the property owner. Some forms limit your rights or authorize access to unrelated medical records.
How a Slip and Fall Attorney in Bakersfield Can Help
Slip and fall cases often turn on evidence that the property owner controls. Our team can:
- Send preservation letters to secure video footage and inspection records.
- Investigate prior complaints and similar incidents at the property.
- Work with your doctors to document your injuries and future care needs.
- Calculate your losses, including medical bills, lost income, and emotional distress.
- Negotiate with insurers and, when necessary, take your case to court.
Most private-property claims carry a two-year filing deadline under Code of Civil Procedure section 335.1. Even so, acting early gives your attorney the best chance to gather strong evidence.
Learn More About Premises Liability
Slip and fall claims belong to a broader area of law called premises liability. Our premises liability page explains other types of property-related injury claims. You can also read about restaurant accident liability.
Speak With a Slip and Fall Attorney Bakersfield Residents Trust
You deserve answers and support after a fall that never should have happened. At Colvin Accident Lawyers, we listen with care 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.
