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What Is a Slip and Fall?

Michael Shemtoub, trial attorney, Beverly Law
Michael Shemtoub, Beverly Law
Trial attorney · English y Español · (310) 552-6959

A slip and fall is an injury that happens when a person slips, trips or loses footing because of a dangerous condition on property someone else owns or controls, such as a wet floor, ice or a broken step. The legal claim is called premises liability. In California, owners must use reasonable care to keep property reasonably safe (CACI 1001).

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What does “slip and fall” mean?

People use “slip and fall” as a catch-all for falls caused by the condition of a place. It usually covers three kinds of falls:

  • Slip and fall: the foot loses traction on something slick, such as a spill, rain tracked inside, grease or ice.
  • Trip and fall: the foot catches on something, such as a raised sidewalk slab, a loose mat, a cord or merchandise left in an aisle.
  • Step and fall: the person steps into a hole, a missing stair or an unexpected drop.

The term describes how the injury happened. It is not, by itself, proof that anyone is at fault. A fall becomes a legal claim when the property owner or the business in control of the space was careless about a hazard.

How common are falls?

Falls are a leading cause of injury. The CDC reports that over 14 million adults age 65 and older, about 1 in 4, report falling every year, and that falls are the leading cause of injury for that age group (CDC). That figure counts all falls, not only those caused by someone else’s property.

Falls at work are common enough that federal rules cover them. Employers must keep walking-working surfaces clean and orderly, and workroom floors, as far as feasible, dry (OSHA 1910.22).

What usually causes a slip and fall?

The most common causes are conditions a careful owner could find and fix:

  • Spills, leaks and wet floors with no warning sign
  • Ice, snow or rain at entrances and on walkways
  • Broken, uneven or poorly lit stairs, often with missing handrails
  • Cracked or raised sidewalks and parking lots
  • Loose rugs, torn carpet and cords across walkways
  • Clutter or stock left in store aisles

California’s jury instruction on premises liability says a person who owns, leases, occupies or controls property must use reasonable care to discover unsafe conditions and to repair, replace or give adequate warning of anything that could reasonably be expected to harm others (CACI 1001). That duty flows from Civil Code 1714.

What do you have to prove after a slip and fall?

The details differ by state, but the core question is the same: did the owner know, or should it have known, about the hazard in time to fix it or warn people?

  • Texas: an injured customer must show the owner had actual or constructive knowledge of a condition it controlled, the condition was unreasonably dangerous, the owner failed to use reasonable care to reduce or eliminate the risk, and that failure caused the injury (H-E-B v. Peterson). In that 2026 decision, the Supreme Court of Texas ruled for the grocer because there was no evidence of how long the puddle had been on the floor.
  • Washington: a business is liable to a customer injured by an unsafe condition if the business or its employees caused it, or the business had actual or constructive notice of it (Tinsley v. Tacoma Goodwill Industries, citing the Washington Supreme Court’s *Pimentel v. Roundup Co.*).
  • California: the jury weighs whether the owner used reasonable care, including how likely it was that someone would come onto the property and be hurt (CACI 1001).

Owners often argue that the person who fell should have watched their step. California reduces damages by the injured person’s own share of fault (CACI 405), Texas bars recovery above 50 percent (CPRC 33.001), and Washington reduces recovery without barring it (RCW 4.22.005). For the proof that tends to matter, see what evidence is needed for a slip and fall case.

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What if I fell on public property?

Falls on government property follow special rules, often with short notice periods:

  • California: a public entity can be liable for a dangerous condition of its property under Government Code 835, but a written claim for personal injury generally must be presented within six months (Government Code 911.2).
  • Texas: for a premise defect, a government unit generally owes only the duty a private owner owes a licensee, unless you paid to use the property (CPRC 101.022). Notice is generally due within six months of the incident (CPRC 101.101), and some cities require it sooner.
  • Washington: a claim must be presented to a local government, and a lawsuit cannot start until 60 calendar days after that (RCW 4.96.020).

What to do now

  1. Get medical care, even if the pain seems minor.
  2. Photograph the hazard, your shoes and the area before it is cleaned up.
  3. Report the fall to the manager or owner and ask for a copy of the report.
  4. Get names and phone numbers of witnesses.
  5. Ask the business in writing to keep its camera footage.
  6. Keep the shoes and clothes you wore.
  7. Do not give a recorded statement to the owner’s insurer before getting advice.

Our state guides go further: California, Texas and Washington.

Talk to us about your fall

If you were hurt in a slip, trip or fall on someone else’s property, call Beverly Law at (310) 552-6959 for a free case review in English or Spanish. You owe no fees or costs unless we win.

Common questions

Is every slip and fall someone’s fault?

No. A claim needs a hazard the owner knew or should have known about and failed to fix or warn about.

What is the difference between a slip and fall and a trip and fall?

A slip is a loss of traction on a slick surface. A trip is catching your foot on an object or uneven surface. Both are handled as premises liability claims.

How long do I have to file a slip and fall claim?

Generally two years in California (California Courts) and Texas (CPRC 16.003), and three years in Washington (RCW 4.16.080). Claims against government agencies often have much shorter notice deadlines.

Can I claim if I fell at work?

Usually through workers’ compensation, though a claim against another company responsible for the hazard may also be possible.

Do you handle Texas slip and fall 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 · California slip and fall lawyer · Texas slip and fall lawyer · Washington slip and fall lawyer · What should I do after a slip and fall? · What evidence is needed for a slip and fall case? · Law Blog

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Sources

  1. CDC, Older adult falls data
  2. OSHA, 29 CFR 1910.22, walking-working surfaces
  3. California Civil Code 1714
  4. Judicial Council of California Civil Jury Instructions (CACI), 2026 edition: 405, 1001
  5. California Government Code 835
  6. California Government Code 911.2
  7. Supreme Court of Texas, H-E-B, LP v. Peterson, No. 24-0310
  8. Tex. Civ. Prac. & Rem. Code chapter 101 (101.022, 101.101)
  9. Washington Court of Appeals, Tinsley v. Tacoma Goodwill Industries, No. 70344-7-I
  10. RCW 4.96.020, claims against local governments
  11. Tex. Civ. Prac. & Rem. Code 33.001
  12. RCW 4.22.005, contributory fault
  13. California Courts Self-Help, Statute of limitations
  14. California Courts Self-Help, Statute of limitations (Spanish)
  15. Tex. Civ. Prac. & Rem. Code 16.003
  16. RCW 4.16.080, three-year limit

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.

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