A spilled drink in a grocery aisle. A cracked curb in a shopping center parking lot. A freshly mopped floor with no warning sign. Falls like these happen every day, and they can cause broken wrists, hip fractures, back injuries and head trauma, especially for older adults.

Many people assume that if they fell on someone else's property, the owner automatically has to pay. That is not how it works in California. To get compensation, you have to show that the property owner did something wrong. Here is what that means and how to protect your claim.

The Basic Rule: Property Owners Must Be Reasonably Careful

California law requires people who own or control property to use reasonable care to keep it safe. That includes stores, restaurants, shopping centers, gas stations and the companies that manage parking lots. They do not have to make their property perfectly safe, but they do have to find and fix dangerous conditions, or warn people about them, within a reasonable time.

California's civil jury instructions, which are published by the Judicial Council of California, lay out what a jury considers in these cases. In plain terms, you generally need to prove four things.

What You Have to Prove

1. The Owner Controlled the Property

You need to identify who was responsible for the area where you fell. This sounds simple, but it can get complicated. In a shopping center, the store may be responsible for the inside of the building while a landlord or management company handles the parking lot and sidewalks. Lease agreements often decide who is responsible for what.

2. There Was a Dangerous Condition

The condition has to be something that created an unreasonable risk of harm. Common examples include liquid on the floor, broken or uneven pavement, potholes, poor lighting, loose mats, cluttered aisles and damaged stairs or ramps.

3. The Owner Knew or Should Have Known About It

This is usually the hardest part. You must show that the owner either created the hazard, knew about it, or should have discovered it through reasonable inspections. If a spill happened ten seconds before you walked by, it may be hard to show the store should have found it. If it sat there for 45 minutes with employees walking past, that is a different story.

Store inspection logs, cleaning schedules, surveillance video and employee statements are often what prove this point.

4. The Condition Caused Your Injury

You must show that the hazard caused your fall and that the fall caused your injuries. Prompt medical care creates a clear record connecting the two.

Store Falls Versus Parking Lot Falls

Falls inside stores often involve spills, wet floors after mopping, merchandise left in aisles or loose floor mats. Learn more about how we handle wet floor accidents.

Parking lot falls more often involve uneven pavement, potholes, broken curbs, wheel stops placed in walkways, poor lighting and oil or water from sprinklers. These cases frequently involve a property management company rather than the store itself. See our page on parking lot and sidewalk falls for more detail.

If you fell on a public sidewalk or city property, different rules apply, including a claim that usually must be filed within six months.

The Evidence That Wins or Loses These Cases

Slip and fall claims depend heavily on evidence gathered in the first hours and days. Try to do the following:

• Report the fall to a manager and ask for a copy of the incident report

• Photograph the hazard, the area around it and any lack of warning signs

• Photograph your shoes and clothing, and keep them as they were

• Get names and phone numbers of witnesses

• See a doctor the same day or as soon as possible

Surveillance video is often the most important evidence, and many businesses record over it within days or weeks. An attorney can send a written request asking the business to preserve the footage before it disappears.

Common Arguments Store Insurers Make

Expect the insurer to argue that the hazard was "open and obvious," that you were looking at your phone, that your footwear caused the fall, or that the store had no time to discover the problem. California uses comparative fault, so even if you were partly careless, you can still recover damages reduced by your share of responsibility. The key is not letting the insurer assign you more blame than the facts support.

How Long You Have to File

Most slip and fall claims in California must be filed within two years of the injury. Claims against public entities usually require a formal written claim within six months. Waiting also makes evidence harder to find, so it is best to act early.

Talk to a Yucaipa Slip and Fall Lawyer

If you were hurt in a fall at a store, restaurant or parking lot in Yucaipa, Redlands or Beaumont, Markarian Law Group can investigate what happened and who is responsible. Visit our slip and fall accident page or call for a free consultation.