Nobody takes you seriously at first. The store manager hands you a paper towel and asks if you are okay. The property owner's insurance company calls two days later and tells you the fall was your fault. By the time you realize nobody is going to step up and take responsibility, critical evidence has been cleaned up, and your window to act is getting shorter.
Tim D. Wright has spent three decades watching property owners and their insurers dismiss slip and fall victims as quickly as possible. Tim D. Wright knows every tactic they use. And Tim D. Wright knows how to stop them. If you fell on someone else's property in Burbank, Glendale, or anywhere in Southern California, here is what you need to do right now to protect yourself and your legal rights.
Unlike a car accident, where the damaged vehicles and police report create a clear record, a slip and fall scene is often gone within hours. The wet floor gets mopped. The broken tile gets patched. The surveillance footage gets recorded over after 24 to 72 hours, depending on the system.
California premises liability law holds property owners responsible for maintaining safe conditions for anyone legally on their property. But proving that a dangerous condition existed, that the owner knew about it or should have known, and that it caused your fall requires evidence. And that evidence has a very short shelf life.
California Civil Code Section 1714 establishes that everyone is responsible for injury caused by their failure to exercise ordinary care. For property owners, this means regular inspections, prompt repair of known hazards, and adequate warning to visitors when a danger exists. When a store, apartment complex, restaurant, or private homeowner fails to meet that standard and someone gets hurt as a result, the law gives the injured person a path to recovery. But only if the evidence survives long enough to build that path.
The moment you are stable enough to act, or the moment someone who cares about you can act on your behalf, these steps need to happen.
Take photographs immediately. Capture the exact spot where you fell, the condition that caused it (standing water, uneven pavement, a broken step, a missing handrail), and any signage or lack of warning signs. Photograph your injuries, your clothing, and your footwear. Courts and insurance companies look at all of these.
Report the incident formally before you leave. Ask to speak with a manager and make sure the incident is written into a report. Get a copy of that report or, at a minimum, the name of the person who took it. Do not simply leave without some form of written documentation. An incident report creates an official record that the property owner cannot later pretend the fall never happened.
Gather witness information. Other customers, passersby, or employees who saw what happened are invaluable. Ask for names and phone numbers before they leave. A witness who cannot be located later cannot testify on your behalf, and their account of the hazard that caused your fall may be the most credible evidence you have.
Seek medical attention that day. Even if you feel your injuries are manageable, see a doctor before the day is over. Your medical records will be the primary evidence of what the fall did to your body. A gap between the incident and your first treatment gives the property owner's insurer room to argue your injuries were caused by something else entirely.
Do not accept any apologies, offers of compensation, or requests from the property owner or their employees to handle things informally. What sounds like goodwill in the moment is often an attempt to avoid a formal claim. Anything offered verbally at the scene has no legal weight unless it is documented.
Recorded statements are the first move. An adjuster will call, often within 24 to 48 hours, and ask for your version of events. What they are actually doing is building a record of statements they can use against you. They will ask if you were watching where you were going. They will ask if you were on your phone. They will ask if your footwear was appropriate. These are not casual questions. Every answer you give is being evaluated for how it can reduce their liability.
Comparative fault is the second move. California's comparative negligence system allows a property owner to reduce what they owe you by arguing that you were partly responsible for the fall. If they can convince a jury or adjuster that you were 40 percent at fault, your recovery drops by that same amount. This argument is made more often than most people realize, and in Burbank and Pasadena premises liability cases, it is almost always attempted. Having an attorney who knows how to counter it makes a significant difference.
Delayed action is the third move. Property owners and their insurers know that evidence deteriorates, memories fade, and people who are injured and overwhelmed sometimes give up before a claim is fully developed. Every week you wait without legal representation is a week they use to build their case while yours weakens. They count on the fact that most people do not know what steps to take or when the clock starts running.
No. California operates under pure comparative negligence, which means you can still recover compensation even if you were partially at fault. However, any percentage of fault assigned to you will reduce what you receive. The question is not whether you were paying attention. The question is whether the property owner created or allowed a dangerous condition that caused your fall. Tim D. Wright has spent 34 years arguing exactly that question on behalf of clients across Southern California, and a property owner's attempt to shift blame is rarely the final word.
Not necessarily, though acting quickly now is critical. Surveillance footage may still exist, and a subpoena sent before the footage is overwritten can preserve it. Other witnesses may remember what they saw. Store maintenance logs, prior incident reports, and inspection records can all be obtained through the discovery process. The evidence picture is harder to build, but it is not always impossible. What matters most right now is that you stop waiting and contact an attorney today so nothing else disappears.
Yes. Premises liability in California applies to homeowners and renters as well as commercial property owners. If you were a guest and fell due to a hazard the owner knew about or should have known about, you may have a valid claim. The legal standard shifts somewhat depending on whether you were an invited guest or something else, but private property does not create a legal shield for negligent owners. Homeowner's insurance policies frequently cover these situations.
In most cases, California's statute of limitations gives you two years from the date of the fall to file a personal injury claim. If the fall happened on government property, such as a city sidewalk or public building in Burbank or elsewhere, the window is much shorter: you generally have six months to file a government tort claim or forfeit your right to sue. These deadlines are firm and cannot be extended simply because you did not know about them. If you are unsure which applies to your situation, call Tim D. Wright at (323) 379-9995 today.
The property owner has a team protecting their interests. Their insurer started building a case against you the moment the incident was reported. You deserve the same level of preparation on your side.
Tim D. Wright has spent over three decades helping slip and fall victims across Burbank, Glendale, and Southern California who were initially told the accident was their fault, dismissed by property managers, or pressured into accepting far less than their injuries were worth. Tim D. Wright understands the local courts, the insurance companies operating in this region, and what it takes to build a premises liability case that holds up.
The firm takes slip and fall cases on a contingency basis. The firm works on a contingency basis. You the firm works on a contingency basis compensation. Reach out today and available the same day you call.
Call (323) 379-9995 or reach the Law Offices of Tim D. Wright. Do not let another day of evidence disappear while you wait.
📍 Burbank Office: 1112 W. Burbank Blvd., Suite 302, Burbank, CA 91506
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📞 Phone: (323) 379-9995 (Personal Injury) | (818) 428-1080 (Workers’ Comp)
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