7 Keys to Winning Slip and Fall Claims in California

Slip and fall claims in California can be deceptively difficult to win. Even when injuries are severe, proving liability and recovering damages depends on the strength of the evidence and legal strategy. Tulekyan Law has handled dozens of these cases over the last 12+ years, and we’ve seen firsthand how certain actions by both clients and defendants can drastically affect the outcome.

If you’ve suffered an injury on someone else’s property, here are seven key factors that can make or break your claim under California law.

Timing of Medical Treatment

Delayed treatment is one of the biggest pitfalls we see. Many clients hesitate to go to the ER or urgent care because they “don’t feel pain right away.” Unfortunately, that delay gives insurers ammunition to argue the injuries were unrelated or exaggerated.

Tip: Always get examined within 24 hours of your fall. Even if symptoms are minor, this creates a medical record that supports your future claim.

Documentation of the Hazard

Under California law (see Civil Code § 1714), injured parties must prove the property owner knew or should have known about the dangerous condition. This makes evidence critical.

Clients who take photos or video of the scene immediately after the fall, especially wet floors, debris, or broken tiles are at a major advantage. If you’re unable, ask someone nearby to document it for you.

Witness Testimony

Third-party witness statements are powerful in slip and fall claims. We often find that cases hinge on whether someone observed the fall, heard the injured party ask for help, or overheard employees discussing the hazard.

At Tulekyan Law, we help identify and contact witnesses early, before memories fade or people become unreachable.

Surveillance Footage

Retailers are not required to hand over surveillance video without legal pressure. Our firm immediately sends spoliation letters under California discovery laws to preserve footage before it is overwritten, often within days. Without this step, crucial evidence can vanish.

Prior Complaints or Maintenance Issues

A store or property owner may claim the hazard appeared suddenly, but many clients are injured due to long-standing conditions like uneven flooring or a leak reported multiple times.

Through depositions, maintenance logs, and internal emails, Tulekyan Law has uncovered repeated failures to repair or clean known dangers, turning a weak claim into a winning one.

Statements Made to Store Staff or Insurance Adjusters

In the stress of a fall, some clients say things like “I wasn’t watching where I was going,” or “I’m fine”, statements that are later used against them. Likewise, adjusters will often call asking for a recorded statement “just for their file.”

Warning: Never give a recorded statement without an attorney. These calls are designed to reduce or deny your compensation.

Choosing the Right Legal Representation

Slip and fall claims require immediate action, expert coordination, and strong litigation posture. Tulekyan Law has over 12 years of experience handling California slip and fall claims. We’ve recovered six-figure settlements for clients who suffered knee injuries, back trauma, or broken bones after a fall.

We act quickly to preserve evidence, involve expert witnesses, and negotiate aggressively while preparing every case as if it will go to trial.

What Clients Commonly Experience

Clients often contact us feeling unsure whether they “have a case.” Most report being ignored by the store staff, receiving no follow-up, and then being contacted weeks later by insurance asking invasive questions. By then, video is gone, floors are repaired, and memories are faded.

That’s why we urge anyone injured in a slip and fall in California to contact an attorney immediately, preferably before speaking to anyone from the property owner’s side.

Talk to a Slip and Fall Lawyer Today

If you’ve been injured in a slip and fall accident, don’t let poor documentation or store tactics ruin your case. Contact Tulekyan Law immediately. We’ll move fast to protect your rights, preserve the evidence, and fight for the compensation you deserve