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• Trip and Fall. Slip and Fall. Premises Liability. Tough Cases to Win.

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Trip and Fall. Slip and Fall. Premises Liability. Tough Cases to Win.

We have all heard and maybe even chuckled at the commercial that proclaims: “I’ve fallen and I can’t get up.” Frankly, there is nothing to laugh about when a person falls at a business or at a home and is seriously injured.

Slip and fall. Trip and fall. Dangerous condition. Premises liability.

These words often describe situations where a person may be injured on another’s property as a result of a condition that could ultimately hold the property owner, lessee or others responsible for injuries suffered. However, just because a person gets injured on the property of another, or on the property of a business, it does not mean that the property owner is automatically responsible. The rules for securing financial recovery from a property owner or operator appear simple, but are really complex when it comes to proving one’s rights at trial.

The California civil jury instructions define the laws that a jury is to follow, and what an injured party must prove if she is going to recover damages from the property owner. Instruction 1000 states:

“The plaintiff claims that she was harmed because of the way the defendant managed its property. To establish this claim, the plaintiff must prove all of the following:
1. That the defendant owned/leased/occupied/controlled the property;
2. That the defendant was negligent in the use or maintenance of the property;
3. That the plaintiff was harmed; and
4. That the defendant’s negligence was a substantial factor in causing the plaintiff’s harm.”

California Jury Instruction 1001 defines the basic duty of a property owner. “A person who owns, leases, occupies or controls property is negligent if he or she fails to use reasonable care to keep the property in a reasonably safe condition. A person who owns, leases, occupies or controls property must use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could be reasonably expected to harm others.”

The most important part about a premises liability claim is showing negligence on the part of the property owner or operator. After an injury on someone’s property, take pictures, get witness information, evaluate your surroundings and try to determine what caused you to get injured. DO NOT RELY UPON THE STORE EMPLOYEES TO DO THE INVESTIGATION. They have a bias against you and your claim. By the time you retain the attorney, it is often too late to establish all the necessary facts. However, a good lawyer may still reach the truth with at least some of the basic information gathered by you immediately following the accident.

Whether you had a slip and fall in Fontana, California, or a trip and fall in Ontario, or any other premises lialibity claim in the Inland Empire, a consultation with the injury attorneys at the Inland Empire Law Group will be a valuable investment of time. Call for a free consultation and review of your case. 909-481-0100 or 1-888-MY-IELAWYER.


The Inland Empire Law Group is located in Rancho Cucamonga, California and serves clients in San Bernardino County, Riverside County, and Los Angeles County as well as the following cities: Rancho Cucamonga, Alta Loma, Etiwanda, Fontana, Ontario, Upland, Montclair, Rialto, Victorville, Colton, Norco, San Bernardino, Riverside, Yucipa, Redlands, Bloomington, Chino, Chino Hills, Apple Valley, Hesperia, Adelanto, Barstow, Pomona, Claremont, La Verne, and San Dimas, Glendora, Diamond Bar, Corona, Grand Terrace, Highland, Big Bear, Lake Arrowhead, Wrightwood, and Moreno Valley.

Inland Empire
Law Group
8600 Utica Avenue
Suite 200
Rancho Cucamonga,
California 91730

(909) 481-0100