You walk into a grocery store and slip on liquid in an aisle.
A broken stair causes you to fall at an apartment complex.
Poor lighting contributes to an accident in a parking area.
You trip over a dangerous condition at a restaurant, hotel, shopping center, or other property.
When you are injured on someone else’s property, one of the first questions people often ask is:
“Is the property owner responsible?”
The answer depends on the circumstances.
Simply being injured on another person’s property does not automatically mean the owner, business, landlord, or property manager is legally responsible. California premises-liability cases generally require a closer examination of the condition that caused the injury, whether reasonable care was exercised, and the circumstances surrounding the accident.
That makes the evidence collected immediately after an incident particularly important.
Our earlier post on when property owners can be held responsible for a slip and fall covers the liability question in depth. This one is about what to do in the first hours and days, while the evidence still exists.
Don’t Leave Without Documenting the Hazard
If your physical condition allows it, one of the most important things you can do is photograph or record the area where the accident happened.
Why?
Because conditions can change quickly.
A spill can be cleaned.
A broken object can be removed.
A warning sign can be placed.
Lighting can be changed.
Debris can disappear.
A damaged walkway can eventually be repaired.
If you leave without documenting what caused your accident, important evidence may become difficult to recreate later.
Take photographs from several angles. If lighting or visibility contributed to the accident, capture images that demonstrate what the area looked like from your perspective.
Don’t focus exclusively on your injuries.
Photograph the location too.
Report the Accident
If you’re injured at a business or managed property, notify an employee, manager, security officer, landlord, or other appropriate representative.
Ask whether an incident report will be created.
Provide accurate basic information about what happened, but don’t feel pressured to speculate about details you aren’t certain about.
If possible, make a note of:
- The name of the person you spoke with
- The approximate time of the incident
- Where the accident occurred
- What condition caused the accident
- Whether anyone witnessed it
- Whether an incident report was prepared
If you receive documentation relating to the report, keep it with your other records.
Witnesses May Become Important
Did anyone see you fall?
Did another customer notice the dangerous condition before the accident?
Did an employee make a statement about the hazard?
Witnesses can sometimes provide information that becomes important later.
If someone witnessed the accident or the condition that caused it, ask for their name and contact information when practical.
Don’t assume the business will obtain that information for you.
Surveillance Video May Exist
Many stores, shopping centers, restaurants, apartment buildings, parking facilities, hotels, and other businesses use surveillance cameras.
Those cameras may have recorded the accident or the area surrounding it.
Video can potentially help establish important facts, such as how the incident occurred or how long a condition existed.
But surveillance footage isn’t necessarily kept forever.
This is one reason it can be important to speak with an attorney promptly after a serious premises-related injury. Depending on the circumstances, an attorney may take steps to request that potentially relevant evidence be preserved.
Get Appropriate Medical Care
Some injuries are immediately obvious.
Others may become more noticeable over the hours or days following an accident.
If you’re injured, obtain appropriate medical attention and tell your healthcare provider how the injury occurred.
Follow medical recommendations and keep documentation relating to:
- Medical appointments
- Diagnostic testing
- Prescriptions
- Physical therapy
- Work restrictions
- Medical bills
- Out-of-pocket expenses
Medical treatment is first and foremost about protecting your health. Those records can also document the nature and progression of your injuries.
Injured on Someone Else’s Property? Who Could Be Responsible
Property-related injury cases can involve different individuals or organizations depending on who owned, occupied, managed, maintained, or controlled the area.
Potentially relevant parties could include:
- Property owner
- Business operator
- Landlord
- Property management company
- Maintenance company
- Tenant
- Contractor
- Another party connected to the property
Determining responsibility requires examining the specific facts rather than simply looking at the name on the building.
What California Law Says, and the Deadlines That Apply
The starting point is California Civil Code section 1714, which makes everyone responsible for injuries caused by a lack of ordinary care in the management of their property. Whether that standard was met depends on the facts: what the hazard was, how long it existed, and whether the owner or occupant knew or should have known about it.
Time limits matter too. Most personal injury lawsuits in California must be filed within two years of the injury under Code of Civil Procedure section 335.1. When the property belongs to a city, county, school district or other public entity, the deadline is far shorter: a written claim generally has to be presented within six months under Government Code section 911.2.
Evidence Can Disappear Faster Than You Think
One of the most important lessons after a premises accident is simple:
The scene you saw today may look completely different tomorrow.
That’s why photographs, video, witness information, incident reports, medical documentation, and other records can become so valuable.
At Khashan Law Firm, our personal injury team can investigate the circumstances surrounding an accident and help determine what evidence may be relevant to a potential claim.
An accident on someone else’s property can happen in seconds, but determining what caused it and who may be responsible can require a detailed investigation.
If you or a family member has been injured at a store, restaurant, apartment complex, hotel, shopping center, parking area, or another property because of a potentially dangerous condition, contact Khashan Law Firm for a FREE consultation.
Our personal injury team proudly serves Ontario, Murrieta, Rancho Cucamonga, Temecula, the Inland Empire, Southern California, and clients throughout California. Hablamos Español.