Should I Get a Lawyer for a Slip and Fall?

Not always. A minor fall with a quick recovery and small bills can often be handled on your own, and California small claims court takes individual claims up to $12,500. Get a lawyer if you were badly hurt, the owner denies knowing about the hazard, or you fell on public property, where California requires a written claim within six months (Gov. Code 911.2).

Do I need a lawyer for a slip and fall if my injury is minor?

Often you do not. If you were checked at urgent care, healed within a few weeks, missed little or no work and the owner’s insurer is treating you fairly, a lawyer may add little. Small claims court is built for people without lawyers.

The California Courts small claims guide says you can ask a lawyer for advice before your hearing even though one cannot appear with you. If your losses are larger than the limit, filing there means asking for less than the claim is worth.

Example only: someone slips on a wet floor at a pharmacy, gets an X-ray that shows no fracture, pays a $900 urgent care bill and is back at work in four days. A claim of that size usually fits small claims. The facts of each fall decide whether that is true for you.

When should I get a lawyer for a slip and fall?

The answer changes when the injury or the facts get harder:

• A serious injury. A fracture, a head injury, surgery, months of therapy or lasting pain puts the claim well above small claims limits, and the insurer will look harder for reasons to pay less.
• The owner says it did not know. See the next section.
• Government property. Sidewalks, city buildings, transit stations and public schools have short claim deadlines. In Texas the government must get notice within six months, or sooner if a city charter says so (CPRC 101.101). In Washington a claim against a local government goes on a standard tort claim form, and you must wait 60 days before suing (RCW 4.96.020). For Los Angeles, see dangerous condition of public property.
• A fall at work. Workers’ compensation usually covers you regardless of fault and replaces most claims against your employer in California (Labor Code 3600). In Texas, workers’ compensation is the exclusive remedy against an employer that has coverage (Labor Code 408.001). If someone outside your employer, such as the building owner or a cleaning contractor, caused the hazard, you may also have a claim against them (Labor Code 3852, RCW 51.24.030).

What if the store says it did not know about the hazard?

California holds owners responsible for injuries caused by a lack of ordinary care in managing property (Civil Code 1714). When the owner denies knowing about a spill, a jury can still find it should have known if the condition lasted long enough to be found, and a failure to inspect within a reasonable time before the fall can support that finding (CACI 1011).

Proving that usually depends on records the owner controls: the incident report the manager filled out, sweep or inspection logs, staff schedules and camera footage. Stores often record over their video on a set cycle, so a written request to keep it should go out within days. A lawyer can send that request, ask for the records and, if a lawsuit is filed, demand them through the court. Stores with their own claims rules are covered on our store slip and fall page.

Should I give the store’s insurer a recorded statement?

You can decline, and you usually should wait until you have spoken with a lawyer. Adjusters often ask for a recorded call in the first days, before you know how bad the injury is. A casual “I’m fine” or a guess about whether you were looking down can be quoted back later.

In California, an insurer generally must accept or deny a claim within 40 days after receiving proof of claim, send written updates every 30 days if it needs more time, and may not try to settle with an offer that is unreasonably low (10 CCR 2695.7).

Who gets paid out of a slip and fall settlement?

Medical providers may have a claim on your recovery before you see it. A California hospital that treats you after an injury caused by someone else has a lien on the damages for its reasonable and necessary charges (Civil Code 3045.1). Texas gives hospitals a lien when the patient is admitted within 72 hours of the accident (Property Code 55.002). In Washington, hospitals, ambulance services and treating providers can hold liens, capped together at 25 percent of the recovery (RCW 60.44.010). Health plans, Medi-Cal and workers’ compensation carriers may also seek repayment. Sorting out and negotiating these claims is a large part of what a lawyer does on a mid-size or large case. More on that in how settlements are paid out.

How much does a slip and fall lawyer cost?

Most injury lawyers work on a contingency fee: a percentage of what is recovered, nothing up front. In California the contract must be in writing and state the rate, how costs affect the fee and your share, and that the fee is not set by law and can be negotiated; if it does not, you can void it (B&P 6147). Texas requires a written contract signed by both the lawyer and the client (Gov. Code 82.065). Washington requires a writing signed by the client that explains the percentages and whether expenses come out before or after the fee (RPC 1.5). Ask how costs are handled if the case is lost.

What to do now

1. Get checked by a doctor, even if the pain seems small, and describe how you fell.
2. Photograph the floor or step, the lighting and any warning sign before you leave.
3. Report the fall to the manager and write down the name of the person you spoke with.
4. Write down what hurts each day and keep every bill and receipt.
5. If it was public property, mark the six-month notice date on your calendar today.
6. Hold off on recorded statements and signed releases until you have had a free consultation.
7. If the injury is minor and clear, compare your total losses with your state’s small claims limit.

Find out if your fall needs a lawyer

Call Beverly Law at (310) 552-6959 for a free review of your fall in English or Spanish. If small claims makes more sense for you, we will say so. You owe no fees or costs unless we win.

Common questions

Related pages

Personal Injury Questions · Store slip and fall lawyer · Dangerous condition of public property in California · How are personal injury settlements paid out? · Personal injury questions · Law Blog

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.