A lot of injured people assume that if they played any role in their own accident, they have no case. That assumption costs people real money. California follows a pure comparative fault rule, which means you can still recover damages even if you were partially responsible for what happened. The question is not whether you were perfect. The question is how fault gets divided and what that means for your final compensation.
How Pure Comparative Fault Works In California
Under California Civil Code Section 1714, everyone involved in an accident can be assigned a percentage of fault. Your compensation is then reduced by whatever percentage is attributed to you. Here is a simple example. Say a jury finds that your total damages are $100,000, but they also find that you were 30% at fault for the fall because you were looking at your phone when you slipped. In that case, your recoverable amount drops to $70,000. You still recover something. You just do not recover the full amount. This is a meaningful distinction from states that use contributory negligence rules, where any fault on your part can bar recovery entirely.
What Factors Influence Fault In A Slip And Fall Case
Insurance adjusters and defense attorneys will look for any reason to shift blame onto the injured person. The arguments they make most often include:
- You were wearing inappropriate footwear for the conditions
- Warning signs were posted, and you ignored them
- The hazard was open and obvious and should have been avoided
- You were distracted or not paying attention to your surroundings
- You had no legitimate reason to be in that area of the property
These arguments are not automatic wins for the defense. They are factors a jury weighs against the property owner’s responsibility to maintain a reasonably safe environment. A good slip and fall case is built around demonstrating what the owner knew, when they knew it, and what they failed to do about it.
Why The “Open And Obvious” Defense Is Not Always A Barrier
Property owners frequently argue that a hazard was so visible that a reasonable person would have avoided it. California courts do not accept this defense as a blanket rule. If the property owner could have reasonably anticipated that someone might still be harmed despite the visible hazard, liability can still attach. Context matters a great deal. A wet floor near the entrance of a grocery store during a rainstorm is foreseeable. A property owner who does nothing about it cannot simply point to the puddle and claim the victim should have walked around it. An Inglewood slip and fall lawyer can assess how these defenses might apply to your specific circumstances and build a response to them.
How Fault Gets Established In These Cases
Evidence is everything. The stronger your documentation, the harder it is for a property owner or their insurer to unfairly shift blame onto you. Useful evidence in slip and fall cases typically includes:
- Surveillance footage from the property
- Incident reports filed at the time of the fall
- Photographs of the hazard and the scene
- Witness statements from people who saw what happened
- Medical records documenting injuries and when they were reported
- Prior complaints or maintenance records related to the hazard
Timing matters too. Evidence can disappear quickly. Surveillance footage gets overwritten. Conditions get repaired. Acting promptly after an injury makes a real difference in what you can ultimately prove.
Your Partial Fault Does Not Close The Door
This is one of the most misunderstood areas of California personal injury law. People walk away from valid claims because they believe a moment of inattention on their part voids their right to compensation. It does not.
Weinberg Law Offices represents injured people throughout California who have been told by insurers that their own conduct makes their case worthless. That framing is often a negotiation tactic, not a legal reality. If you were hurt on someone else’s property and believe the owner bears some responsibility, speaking with an our team is a reasonable next step toward understanding what your claim may actually be worth.
Disclaimer: This content should not be construed as legal advice.
