If you were involved in a slip and fall in a restaurant in California, you may be entitled to compensation through a personal injury claim under premises liability law. Here’s a comprehensive breakdown of how these cases work:
📌 Legal Elements You Must Prove
To win a personal injury case, you must show:
- The restaurant had a duty of care
- Restaurants must keep their premises reasonably safe for customers (called “invitees”).
- There was a hazardous condition
- Examples: Wet floors, spilled food, grease, leaks, uneven tiles, or poor lighting.
- The restaurant knew (or should have known) about the danger
- Actual knowledge: A staff member saw the spill and ignored it.
- Constructive knowledge: The spill was there long enough that they should have discovered and cleaned it.
- You were injured as a direct result of the hazard
- You must show a clear link between the unsafe condition and your injury.
🧾 Evidence to Strengthen Your Claim
- Photos or video of the scene or hazard
- Security camera footage (request this ASAP—many systems auto-delete after days)
- Witness statements from other patrons or employees
- Incident report filed with the restaurant
- Medical records linking injuries to the fall
- Receipts or time-stamped proof you were there
🏥 Common Injuries in Restaurant Slip and Falls
- Broken bones (especially wrists, hips)
- Head injuries / concussions
- Back and neck injuries
- Sprains and strains
- Cuts or bruises
⏳ Statute of Limitations in California
- 2 years from the date of injury to file a personal injury lawsuit.
- If suing a government-owned facility, you must file a government claim within 6 months.
💰 Damages You Can Seek
- Medical bills (past and future)
- Lost wages
- Pain and suffering
- Loss of earning potential
- Out-of-pocket expenses (transport, home modifications, etc.)
⚖️ Why a Lawyer Helps
Restaurants often have liability insurance and legal teams ready to deny or minimize your claim. A California personal injury attorney can:
- Investigate and preserve evidence
- Handle communication with insurers
- Estimate the real value of your damages
- Negotiate or take the case to trial
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”]].