Icy Sidewalk or Parking Lot Slip-and-Fall – California Law
🔹 1. Can You Sue?
Yes, you can potentially sue a property owner (private business, landlord, or even government entity) if you slip and fall on ice and they were negligent in managing the hazard.
🔹 2. What You Must Prove (Premises Liability Elements)
To win a case, you must show:
- Dangerous Condition: Ice created an unsafe walking surface.
- Notice:
- The property owner knew or should have known about the ice (actual or constructive notice).
- Example: The ice was present for hours, or ice is reasonably foreseeable in that area.
- Failure to Act Reasonably:
- They didn’t clear the ice, salt/sand the area, or post warning signs.
- Causation & Injury:
- The ice directly caused your fall.
- You suffered a documented injury (e.g., fracture, head injury, etc.).
🔹 3. Who Might Be Liable
- Commercial property owners (e.g., grocery stores, shopping centers)
- Landlords (for apartment complex lots/sidewalks)
- Government agencies (for public sidewalks or lots—requires special claim procedure)
🔹 4. California’s Legal Standard
California applies general negligence principles to icy slip-and-fall claims—there’s no special protection for property owners due to “natural accumulation” of ice or snow (as seen in some other states).
Key Point: If icy conditions are foreseeable, especially in higher elevation regions (like Lake Tahoe or Big Bear), the owner may have a duty to prevent or address the hazard.
🔹 5. Government Property?
If you fell on ice on a city sidewalk or in a public parking lot:
- You must file a government tort claim within 6 months of the injury.
- The city/county/state has 45 days to respond.
- Only after denial or no response can you file a lawsuit.
🔹 6. Damages You Can Recover
- Medical bills (emergency care, surgery, PT)
- Lost wages and future earnings
- Pain and suffering
- Permanent disability or disfigurement (if applicable)
🔹 7. Helpful Evidence
- Photos of the ice/scene (ideally before cleanup)
- Weather reports (to show how long the ice was there)
- Witness statements
- Surveillance video (from nearby businesses)
- Maintenance logs or snow/ice removal policies
- Medical records showing injury
🕑 Time Limits
- Private Property: 2 years to sue
- Government Property: 6 months to file a claim first
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].