Attorney Michael Rehm — (800) 978-0754

A slip and fall claim requires more than proving that someone fell on someone else's property. It requires proving that the property was in a dangerous condition, that the owner knew or should have known about the condition, and that the owner failed to fix it or warn about it in time to prevent the injury. Those elements are the same whether the property belongs to a private owner or to the City of Oakland — but the procedural path is fundamentally different depending on which it is.

Attorney Michael Rehm handles slip and fall cases throughout Oakland and Alameda County, on private property and on public sidewalks, streets, and government-owned premises.

Slip and Fall on Private Property

A property owner owes a duty of care to people on their property. Civil Code § 1714. The standard applied to the owner depends on the plaintiff's legal status: invitees (customers, guests invited to the property) are owed the highest duty — reasonable care to inspect and repair. Licensees (social guests) are owed a duty to warn of known dangerous conditions. The traditional distinction between trespasser status and invitee status has been largely replaced by the reasonable care standard for all plaintiffs under Rowland v. Christian (1968) 69 Cal.2d 108, which requires courts to consider the foreseeability of harm, the degree of certainty of injury, and other factors in determining the scope of the duty owed. Jury Instruction CACI 1001 sets out the elements of a premises liability claim for dangerous conditions on private property.

To establish a slip and fall claim, the plaintiff must show: the defendant owned, leased, or controlled the property; the defendant was negligent in the use or maintenance of the property; the plaintiff was harmed; and the defendant's negligence was a substantial factor in causing that harm. CACI 1000. The dangerous condition — wet floor, broken step, inadequate lighting, uneven pavement, unmarked hazard — must be shown to have existed for long enough that a reasonable owner exercising due care would have discovered and corrected it, or that the owner created the condition through their own conduct.

California's pure comparative fault rule applies. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. The defense will argue the plaintiff was not watching where they were going, was wearing inappropriate footwear, or was distracted. These arguments go to comparative fault, not to the existence of the dangerous condition.

Slip and Fall on Public Property

When a slip and fall occurs on a city-maintained sidewalk, in a public park, or on other property owned or controlled by the City of Oakland, a claim arises under Government Code § 835. To establish public entity liability, the plaintiff must show the property was in a dangerous condition at the time of the injury, the condition proximately caused the injury, the risk was reasonably foreseeable, and either a city employee created the condition or the city had actual or constructive notice of it in time to take protective measures. Jury Instruction CACI 1100.

The six-month government claims deadline applies to all claims against the City of Oakland. Government Code § 911.2. A written claim must be filed with the Oakland City Attorney's Office, 1 Frank H. Ogawa Plaza, 6th Floor, Oakland, CA 94612, within six months of the date of the fall. Failing to file a timely claim bars a lawsuit against the city. Government Code § 945.4. Punitive damages are not available against the City of Oakland.

Oakland sidewalks present specific issues. Under California Streets and Highways Code § 5610, the owner of property abutting a sidewalk has a duty to maintain the sidewalk in a safe condition and is liable to the City for damages resulting from the owner's failure to maintain it. The interaction between abutting property owner responsibility and city responsibility for sidewalk maintenance can affect which entity is the proper defendant in a sidewalk fall claim, and whether both can be named.

Statute of Limitations

For falls on private property, the statute of limitations is two years from the date of the fall. Code of Civil Procedure § 335.1. This deadline can potentially bar a claim if missed. For falls on public property, the six-month government claims deadline applies first, and the statute of limitations for filing suit runs from the date of rejection notice.

Related Pages

• Oakland Personal Injury Attorney
• Oakland Premises Liability Attorney
• Oakland Negligent Security Attorney
• Oakland Catastrophic Injury Attorney
• Oakland Wrongful Death Attorney

Attorney Michael Rehm handles slip and fall cases throughout Oakland and Alameda County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 to arrange a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.