Quick answer
A Bakersfield property owner or business can be liable for a slip and fall when a dangerous condition it knew about, or should have found through reasonable inspection, caused the fall. Preserve video and inspection records quickly, because they are often overwritten. For a fall on city, county or school district property, a written claim is due within six months under Government Code section 911.2. Otherwise you generally have two years to sue.
If you slipped, tripped or fell on someone else’s property in Bakersfield, California law can hold the owner or the business in control of the property responsible when a dangerous condition they knew about, or should have found, caused your fall. A Bakersfield slip and fall lawyer can help you preserve the evidence that proves it, which often disappears within days. If the fall happened on city or county property, the deadline to file a claim is only six months.
We are B&D Law Group, APLC. Our Bakersfield personal injury attorneys work from 4900 California Ave, Tower B, 2nd Floor, and handle premises cases across Kern County. This guide explains the rules that decide a fall claim, what evidence matters, and the deadlines that apply.
When Is a Property Owner Responsible for a Fall?
The starting point is Civil Code section 1714(a), which makes everyone responsible for injuries caused by a lack of ordinary care in the management of their property. For a fall, that usually means proving three things: there was a dangerous condition, such as a spill, torn carpet, broken step or poor lighting; the owner knew or should have known about it; and the condition caused your fall and injuries.
Common Bakersfield cases involve spills in grocery stores and big-box stores, wet entryways, uneven parking lot surfaces, broken stairs at apartment complexes and poorly lit walkways. Our overview of California premises liability law covers the general rules in more depth.
Proving the Owner Knew or Should Have Known
Owners are not automatically liable for every fall. The owner must have had actual knowledge of the hazard or constructive notice, meaning it existed long enough that a reasonable owner would have found and fixed it. In Ortega v. Kmart Corp. (2001), the California Supreme Court held that an injured shopper does not have to prove exactly how long a hazard was on the floor. Evidence that the store failed to inspect the area within a reasonable time can allow a jury to infer that the hazard was there long enough to be discovered.
That makes inspection logs, sweep sheets and surveillance video some of the most important evidence in a store fall. Many businesses record over video on a set schedule, so a written request to preserve it should go out quickly. We walk through store cases specifically in who is liable for a grocery store slip and fall.
Falls on City or County Property
A fall on a public sidewalk, in a public building or at a park follows different rules. Government Code section 835 makes a public entity liable for a dangerous condition of its property only if the condition created a reasonably foreseeable risk of the kind of injury that happened, and either an employee created the condition or the entity had actual or constructive notice of it in time to fix it.
The deadline is also much shorter. Under Government Code section 911.2, a written claim must be presented to the public entity within six months of the injury before a lawsuit can be filed. For a fall on property owned by the City of Bakersfield, the County of Kern or a school district, that six-month clock matters more than anything else. Our guide to sidewalk injury liability explains who is responsible for which sidewalks.
What to Do After a Fall in Bakersfield
Report the fall to the manager or property owner and ask for a copy of the incident report. Photograph the exact spot, the hazard and your shoes before anything is cleaned up, and get names and phone numbers of anyone who saw it. Keep the shoes and clothing you were wearing. Get medical care right away, even if you feel you can walk it off, since hip, wrist, back and head injuries from falls are often worse than they seem at first.
Be careful with what you tell the store’s or owner’s insurance company early on. Our guides on giving a recorded statement and the insurer’s first offer explain why.
Shared Fault and Deadlines
Property owners often argue that the injured person should have seen the hazard. California follows pure comparative fault under Li v. Yellow Cab Co. (1975), so if you were partly at fault, your recovery is reduced by your percentage of fault rather than eliminated. For falls on private property, Code of Civil Procedure section 335.1 generally gives you two years from the date of injury to file a lawsuit. Fall cases arising in the Bakersfield area are typically filed in Kern County Superior Court.
More Bakersfield guides: car, pedestrian, bike and Uber accidents, dog bites, truck accidents and falls down stairs.
Frequently Asked Questions
Who is liable for a slip and fall in Bakersfield?
Usually the owner or the business in control of the property, if a dangerous condition they knew about, or should have discovered with reasonable inspection, caused the fall. Civil Code section 1714(a) sets the general duty of ordinary care.
Do I have to prove how long the spill was on the floor?
Not exactly. In Ortega v. Kmart Corp. (2001), the California Supreme Court held that evidence the owner failed to inspect within a reasonable time can allow a jury to infer the hazard was there long enough to be found.
What if I fell on a city sidewalk or county property?
Government Code section 835 governs dangerous conditions of public property, and Government Code section 911.2 requires a written claim to the public entity within six months of the injury.
Can I recover if I was partly at fault for my fall?
Yes. California’s pure comparative fault rule reduces your recovery by your share of fault instead of barring the claim.
Talk to a Bakersfield Slip and Fall Lawyer
The evidence in a fall case, especially video and inspection records, can be gone within days. We handle these claims through our premises liability attorneys and our Bakersfield office. Call (888) 977-2238 or use our contact page.
Attorney advertising. This article is provided for general informational purposes only and does not constitute legal advice. Reading this article or contacting us does not create an attorney-client relationship. Every case is different and past results do not guarantee a similar outcome. If you have been injured, speak with a licensed attorney about your specific situation.
Related Reading
- Negligent Security in California: When a Property Owner Pays for an Assault
- As Discussed on KGET 17: Injuries on Rental Property in California
- Who Pays If You Are Injured on Public Property in California?
- Who Is Liable for an Amusement Park Ride Injury in California?
- Premises Liability Attorneys — B&D Law Group