You prove liability by showing the owner controlled the property, a condition there was unreasonably dangerous, the owner knew or should have known about it in time to fix it or warn you, and that failure caused your injury. The deadline to sue is generally two years in California (CCP 335.1) and Texas (CPRC 16.003), and three in Washington (RCW 4.16.080).
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What do you have to prove in a slip and fall case?
California holds everyone responsible for injuries caused by a lack of ordinary care “in the management of his or her property” (Civil Code 1714). The jury instruction for property cases asks four questions: did the defendant own, lease, occupy or control the property, was it negligent in using or maintaining it, were you harmed, and was its negligence a substantial factor (CACI 1000). An owner must use reasonable care to discover unsafe conditions and to repair them or warn about them (CACI 1001).
Texas and Washington ask for the same core facts in different words:
| State | What the injured person must show |
|---|---|
| California | A condition created an unreasonable risk, the owner knew or should have known about it, and failed to repair it, guard against it or warn (CACI 1003) |
| Texas | Actual or constructive knowledge of the condition, an unreasonably dangerous condition, no reasonable care to reduce or remove the risk, and that failure caused the injury (H-E-B v. Peterson) |
| Washington | For a customer or other invitee, the owner knew or with reasonable care would have discovered the condition, should have expected visitors would not see the danger or protect themselves, and failed to use reasonable care (Washington Court of Appeals) |
How do you prove the owner knew about the hazard?
Notice is often where slip and fall claims are won or lost. In California there are three routes. If the owner or an employee working at the time created the condition, such as a worker who spilled cleaning fluid, the jury must find the owner knew of it (CACI 1012). Actual notice means someone on staff saw the hazard or was told about it. Constructive notice means the condition existed long enough that reasonable care would have found it, and a store that skipped inspections for an unreasonable time can be charged with that knowledge (CACI 1011). How that inspection rule works in a grocery aisle is explained on our page about whether a California store has to know about a spill.
Texas is stricter about time. In April 2026 the Texas Supreme Court threw out a shopper’s claim over a puddle in an H-E-B toy aisle. She saw water dripping from a rafter, rain had stopped two hours earlier, and no employee had walked the aisle in that time. None of it showed how long the puddle itself had been on the floor, and “absent temporal evidence of the duration the danger existed,” the owner is not charged with constructive notice (H-E-B v. Peterson). A Texas claim needs evidence that fixes the hazard in time, usually time-stamped video. Washington starts from the same knew-or-should-have-discovered rule, with an exception for some self-service businesses covered on our Washington store spill page.
Which evidence proves each part of the claim?
Our slip and fall evidence checklist covers what to collect yourself; this table shows what each record is used to prove.
| Record | What it can prove |
|---|---|
| Surveillance video | When the hazard appeared, who walked past it, and how you fell |
| Sweep or inspection logs | When the spot was last checked and whether the schedule was kept |
| Incident report | What staff wrote down right after the fall, including the cause they noted |
| Maintenance and repair records | That a leak, loose tile or broken light was known and left unfixed |
| Prior complaints and earlier falls | That the owner was on notice of the same problem |
| Witness statements | What the floor looked like and what employees said at the scene |
| Your photos | The size, color and edges of the hazard, and missing cones or signs |
Logs and reports kept in the normal course of business can be admitted at trial when a qualified witness explains how they were made and they were prepared at or near the time of the event (Evidence Code 1271). Where the dispute is whether a floor was too slick, an engineer or safety consultant may measure its slip resistance and explain the results. California allows that kind of opinion on subjects “sufficiently beyond common experience” (Evidence Code 801).
How do you get the video and sweep logs from the store?
Start with a written preservation letter, sent within days, asking the owner to keep the footage, logs, incident file and staffing schedule. Once a lawsuit is filed, California lets you demand documents, electronically stored information such as video, and entry onto the property to inspect, measure, photograph or test it (CCP 2031.010). Washington’s Civil Rule 34 provides the same tools, including entry onto land to test or sample the floor.
If the owner lets the footage disappear after receiving notice, a California jury may consider a party’s “willful suppression of evidence” (Evidence Code 413) and may decide that evidence a party intentionally concealed or destroyed would have been unfavorable to it (CACI 204).
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What changes if you fell on public property or share the blame?
A fall on a public sidewalk or in a government building follows different rules. In California you must show the dangerous condition created a foreseeable risk and that an employee created it or the entity had notice in time to act (Gov. Code 835), and a written claim is due within six months (Gov. Code 911.2). Texas generally limits a government’s duty for a premise defect to what a private owner owes a licensee, a lower standard than a store owes customers, and requires notice within six months (CPRC 101.022 and 101.101). Washington requires a standard tort claim form before suing a local government (RCW 4.96.020) or the state (RCW 4.92.100).
Owners also argue that you were not watching your step, and they must prove it (CACI 405). California and Washington reduce your award by your share of fault without barring it (RCW 4.22.005). Texas reduces it the same way but bars recovery above 50 percent (CPRC 33.001). Example only: if a jury puts you at 20 percent fault, your damages drop by 20 percent in all three states. The facts of each case decide the percentage.
What to do now
- Report the fall to a manager and ask for the incident report number.
- Photograph the hazard, the area around it and any warning signs, or ask someone to do it.
- Get the names and phone numbers of witnesses and the employees who helped you.
- Keep the shoes and clothes you wore, unwashed, in a bag.
- See a doctor and tell them exactly how you fell.
- Send a written request that the owner keep its video, sweep logs and incident file.
- Do not give a recorded statement to the owner’s insurer before you get advice.
- If the property is public, calendar the six-month claim deadline today.
Talk to us
If you were hurt in a fall and want to know whether the owner’s liability can be proven, call Beverly Law at (310) 552-6959 for a free, confidential case review in English or Spanish. You owe no fees or costs unless we win.
Common questions
Can I prove liability without video?
Yes, though it is harder. Witnesses, sweep logs that show a long gap, maintenance records and the condition of the substance can establish notice. In Texas, some evidence of how long the hazard existed is still required.
What if an employee caused the spill?
In California, a hazard created by the owner or an employee acting within the job means the owner is treated as knowing about it (CACI 1012). You still need to prove the employee caused it.
How long do I have to file a slip and fall lawsuit?
Generally two years in California and Texas and three in Washington, with much shorter claim deadlines for government property (California Courts). Evidence like video can disappear long before any deadline.
Do you handle Texas cases?
Yes. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
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Related pages
Personal Injury Questions · Does a California store have to know about a spill? · What evidence is needed for a slip and fall case? · Texas premises liability and slip and fall claims · Personal injury questions · Law Blog
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Sources
- CACI 1000, Premises Liability: Essential Factual Elements
- CACI 1001, Basic Duty of Care
- CACI 1011, Constructive Notice Regarding Dangerous Conditions on Property
- CACI 204, Willful Suppression of Evidence
- CACI 405, Comparative Fault of Plaintiff
- Judicial Council of California Civil Jury Instructions (CACI), 2026 edition: 1003 and 1012
- Cal. Civil Code 1714
- Cal. Evidence Code 413
- Cal. Evidence Code 801
- Cal. Evidence Code 1271
- Cal. Code of Civil Procedure 2031.010
- Cal. Code of Civil Procedure 335.1
- Cal. Government Code 835
- Cal. Government Code 911.2
- California Courts Self-Help, Statute of limitations
- California Courts Self-Help, Statute of limitations (Spanish)
- H-E-B, L.P. v. Peterson, No. 24-0310 (Tex. Apr. 10, 2026)
- Tex. Civ. Prac. & Rem. Code chapter 101 (101.022, 101.101)
- Tex. Civ. Prac. & Rem. Code chapter 16 (16.003)
- Tex. Civ. Prac. & Rem. Code chapter 33 (33.001, 33.012)
- Tinsley v. Tacoma Goodwill Industries, No. 70344-7-I (Wash. Ct. App. 2013) (quoting Restatement (Second) of Torts 343, adopted in Kamla v. Space Needle Corp.)
- Washington Superior Court Civil Rule 34
- RCW 4.16.080
- RCW 4.22.005
- RCW 4.96.020
- RCW 4.92.100
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.