Slips & Falls

San Diego Slip and Fall Attorneys

Khashayar Law Group represents people seriously injured in slip-and-fall, trip-and-fall, and other premises liability incidents throughout San Diego County. The firm’s published results include a $4,500,000 verdict in a trip-and-fall case against the City of San Diego and a $3,250,000 settlement in a separate dangerous-condition fall. Across all personal injury matters, the firm has recovered more than $165 million for clients. Led by ABOTA-member trial attorney Daryoosh Khashayar, the firm prepares serious premises liability cases with trial in mind. Consultations are free and carry no obligation.

California Premises Liability Basics

California premises liability law generally requires a property owner or occupier to use reasonable care to keep the property in a safe condition for those who lawfully enter. The California Supreme Court abolished the historical visitor-status categories (invitee, licensee, trespasser) in Rowland v. Christian, replacing them with a general duty of reasonable care under all the circumstances. Whether the property owner met that duty depends on factors including the foreseeability of harm, the gravity of potential harm, the burden of preventing it, and the property owner’s actual or constructive knowledge of the dangerous condition.

What an Injured Person Must Prove

To recover in a California slip-and-fall case, the plaintiff must generally prove:

• A dangerous condition existed on the property.
• The defendant owned, occupied, or controlled the property.
• The defendant was negligent in failing to use reasonable care to inspect, repair, warn about, or otherwise address the condition.
• The plaintiff was harmed.
• The defendant’s negligence was a substantial factor in causing the harm.

The defendant’s actual or constructive notice of the dangerous condition is usually central. “Constructive notice” means the condition existed long enough that the defendant should have known about it with reasonable inspection. Maintenance records, surveillance footage, and prior-incident history are often decisive evidence.

How Khashayar Law Group Handles Premises Liability Cases

The firm’s slip-and-fall process starts with immediate preservation — issuing a spoliation letter for surveillance footage (commercial systems often overwrite within 24–72 hours), photographing the condition, identifying witnesses, requesting maintenance and inspection records, and securing prior-incident reports through formal discovery. Daryoosh Khashayar prepares serious premises cases as if they will be tried. The firm’s $4,500,000 verdict against the City of San Diego came from a trip-and-fall case where the underlying dangerous condition and the City’s notice were proved at trial.

Daryoosh Khashayar has tried cases before juries, before judges, and before the California Court of Appeal, where he has secured multiple reversals of Superior Court rulings. He has litigated against major insurers including GEICO and Progressive, and against large corporations including Walmart and Costco — premises liability defendants who count on attorneys who will not try the case.

ABOTA Membership and What It Means for Premises Liability Clients

Daryoosh Khashayar is a member of ABOTA — the American Board of Trial Advocates, an invitation-only organization for attorneys with exceptional verified civil jury trial experience and judicial recommendations. Premises liability defendants — retail chains, restaurant groups, property management companies, and public entities — calibrate offers based on whether opposing counsel will take a case to verdict. ABOTA membership is one of the clearest signals that the answer is yes.

Government-Entity Slip-and-Fall Cases

When the injury occurred on public property — a city sidewalk, a county park, a state-owned facility — California Government Code §911.2 requires a written government claim within six months of the incident. The deadline is much shorter than the two-year personal injury statute and applies regardless of the underlying mechanism. Public entities are also entitled to specific notice of the dangerous condition under Government Code §835. The firm’s $4,500,000 verdict against the City of San Diego illustrates that government slip-and-fall cases are not too procedurally complex to prevail on — they require the right procedural moves at the right time.

Common Dangerous Conditions in San Diego Slip-and-Fall Cases

Recurring dangerous conditions in the firm’s premises liability practice include:

• Wet or recently cleaned floors in grocery stores, big-box retailers, and restaurants without proper warning signs.
• Uneven sidewalks, raised slabs, and cracked surfaces on city sidewalks and private commercial walkways.
• Stair defects — missing handrails, inconsistent riser heights, worn treads, or absent lighting.
• Spills and tracked-in liquids that were not cleaned or warned about despite a reasonable inspection interval.
• Parking lot defects — potholes, drainage problems, transitions between pavement types.
• Construction-zone hazards — improperly marked or unsecured work areas in public walkways.
• Inadequate lighting in walkways, stairwells, or parking structures.

Compensation Generally Available in California Slip-and-Fall Cases

California law allows premises liability victims to pursue:

• Medical expenses — emergency care, surgery (common for hip, wrist, ankle, and spine injuries), rehabilitation, and anticipated future treatment.
• Lost income and reduced earning capacity.
• Pain and suffering — physical pain, emotional distress, and loss of enjoyment of life.
• Wrongful death damages under California Code of Civil Procedure §§377.60–377.62 when a fall results in a fatality.
• Punitive damages under Civil Code §3294 in cases involving particularly egregious conduct.

California applies pure comparative negligence under Civil Code §1714. An injured plaintiff can recover even when partially at fault — recovery is reduced by the plaintiff’s percentage of fault.

Time Limits for Filing a California Slip-and-Fall Claim

California Code of Civil Procedure §335.1 generally provides a two-year period to file a personal injury claim. If the property is publicly owned — a city sidewalk, county park, state facility, or transit district property — California Government Code §911.2 requires a written government claim within six months. Missing the six-month deadline generally bars the claim regardless of the strength of the underlying liability evidence.

Frequently Asked Questions — San Diego Slip and Fall Attorneys

I fell on a city sidewalk — how long do I have to file a claim?

Six months from the date of the fall under California Government Code §911.2 — not the standard two-year personal injury statute. The shorter deadline is a frequent reason public-entity slip-and-fall claims are lost. Early consultation is critical.

The store says they didn’t know about the spill — can I still recover?

Possibly yes. California premises liability requires either actual or constructive notice. Constructive notice means the condition was present long enough that the property owner should have discovered it through reasonable inspection. Maintenance records, surveillance footage, and inspection logs often establish constructive notice even when the defendant denies actual knowledge.

What if I was partially at fault for the fall — distracted, wearing improper shoes, looking at my phone?

California’s pure comparative negligence rules under Civil Code §1714 allow recovery even when the injured party is partially at fault, with the recovery reduced by the plaintiff’s percentage of fault.

What evidence is most important in a slip-and-fall case?

Surveillance footage (often overwritten within 24–72 hours, so preservation letters must be sent immediately), photographs of the condition taken at the time of the fall, witness contact information, maintenance and inspection logs, prior-incident reports, and the incident report prepared by the property owner.

How long do I have to file if the fall was on a city or county property?

Six months for the written government claim under California Government Code §911.2. After the claim is filed, the statute for the underlying lawsuit is generally six months from the government’s denial.

How much does a San Diego slip-and-fall attorney cost?

Khashayar Law Group works on contingency. There is no attorney fee unless the firm recovers compensation for you. The initial consultation is free and confidential.

Talk to a San Diego Slip and Fall Attorney

Khashayar Law Group handles slip-and-fall and premises liability cases throughout San Diego and California. If you’ve been injured in a fall on someone else’s property — private or public — contact our San Diego personal injury attorneys for a free consultation. Call (858) 509-1550 or visit our office at 1350 Columbia St., Suite 303, San Diego, CA 92101.