Slip and fall accidents happen every day, but what many victims don’t realize is that property owners and their insurance companies will do everything possible to avoid responsibility. Instead of paying for your medical bills and other damages, they’ll try to blame you for the accident.
This article explores common tactics property owners use to shift blame onto victims and explains how an experienced lawyer can prove liability and secure the compensation you deserve.
Who is Responsible for a Slip and Fall Accident?
Under California premises liability law (California Civil Code Section 1714), property owners must keep their premises safe for visitors. If a hazard causes someone to fall and get injured, the property owner may be held liable if they:
✔ Knew or should have known about the dangerous condition
✔ Failed to fix or warn about the hazard
✔ Neglected their duty of care, leading to injuries1
However, property owners and insurance companies will often argue that the victim is responsible for the accident to avoid paying out claims.
How Property Owners Shift Blame in Slip and Fall Cases
1. Claiming You Were Not Paying Attention
One of the most common defenses is arguing that you were distracted at the time of the fall. They may claim:
- You were looking at your phone instead of watching where you were going
- You ignored clear warning signs about a hazard
- You were walking too fast or recklessly
2. Saying the Hazard Was ‘Obvious’
Property owners may argue that a reasonable person would have noticed the danger and avoided it. Examples include:
- A wet floor with a warning sign
- A broken sidewalk with bright orange paint marking the crack
- A raised carpet edge that you “should have stepped over”
However, many hazards aren’t obvious until it’s too late. If poor lighting, obstructed views, or unexpected conditions contributed to your fall, the property owner can still be held liable.
3. Arguing That You Wore ‘Inappropriate’ Footwear
Another way property owners deflect blame is by focusing on what you were wearing. They may argue that:
- Your high heels or flip-flops made you unstable
- Your worn-out shoes didn’t have enough traction
- You chose the wrong footwear for the environment
While proper footwear is important, it does not excuse unsafe conditions on a property.
4. Blaming You for Trespassing or Being in a Restricted Area
Some property owners will claim you were not supposed to be there at the time of the accident. They may argue that:
- You were in an employee-only area of a store
- You were trespassing on private property
- You were in a closed-off section of a business
However, California law protects lawful visitors. If you were a customer, guest, or invited onto the property, you still have the right to a safe environment.
5. Saying You Are Exaggerating or Faking Your Injuries
Insurance companies hate paying out claims and will go to great lengths to argue that your injuries aren’t real or aren’t as bad as you claim. They may:
- Demand unnecessary medical exams to “prove” you’re not injured
- Hire private investigators to track your movements
- Use social media posts to argue you are exaggerating
This is why it’s crucial to document your injuries, seek immediate medical attention, and follow your doctor’s treatment plan.
How a Lawyer Proves Fault in a Slip and Fall Case
If a property owner tries to shift blame onto you, an experienced premises liability attorney can fight back by:
✔ Gathering surveillance footage showing how the accident happened
✔ Interviewing witnesses who saw the hazard or the fall
✔ Collecting maintenance records to prove negligence
✔ Consulting medical experts to confirm the extent of your injuries
✔ Negotiating aggressively with insurance companies to get fair compensation
What Damages Can You Recover?
If you’ve been injured in a slip and fall accident, you may be entitled to recover:
💰 Medical expenses (past, present, and future)
💰 Lost wages from missed work
💰 Pain and suffering for physical and emotional distress
💰 Rehabilitation and therapy costs
💰 Punitive damages (in cases of extreme negligence)
FAQs: Understanding Slip and Fall Claims
1. What if there were no witnesses?
You can still prove your case with security footage, medical records, and expert testimony from accident reconstruction specialists.
2. How long do I have to file a slip and fall lawsuit in California?
The statute of limitations for premises liability cases in California is two years from the date of injury.
3. What if I was partially at fault?
California follows comparative negligence, meaning you can still recover damages even if you were partially at fault, though your compensation may be reduced.
Helpful Resources
- California Department of Consumer Affairs
- California Civil Code on Premises Liability
- National Floor Safety Institute – Fall Prevention Research
Fight Back Against Blame-Shifting Property Owners
If you’ve suffered a slip and fall injury, don’t let property owners or insurance companies blame you for their negligence. Shaumyan & Derbarseghian, LLP specializes in premises liability cases and will fight to get you the compensation you deserve.
You deserve justice. Contact us today for a free consultation and let us handle the legal battle while you focus on recovery.
