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Hunt Hunt & Winterbottom LLP
  • Home
  • Attorneys
    • Tyler H. Hunt
    • Sherry Hunt
    • Ken Winterbottom
    • Simon Truong
  • Practice Areas
    • Defense Litigation And Appeals
    • Business Disputes
    • Real Estate Transactions
    • Corporate And M&A Transactions
    • Legal Malpractice Defense
    • Premises Liability Defense
    • Outside General Counsel
    • Of Counsel Services
    • Private Counsel
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Irvine 949-617-0000  |  Philadelphia 215-488-1776

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  5. California slip-and-fall: A store owner’s 48-hour checklist

California slip-and-fall: A store owner’s 48-hour checklist

On Behalf of Hunt Hunt & Winterbottom LLP | Premises Liability Defense

A customer falling inside your store can create a stressful situation, especially during the first few hours after the incident. The steps you take soon after a slip and fall may help you preserve important details about what happened and how your business responded.

A careful response could help you keep accurate records, address safety concerns and prepare for questions that may come later. Under California premises liability rules, store owners may need to show that they took reasonable steps to keep their property safe. Having a clear process for documenting the scene, gathering information and protecting evidence could help you manage the situation more effectively.

The following checklist outlines steps you may consider during the first 48 hours after a customer injury.

1. Preserve surveillance footage and store records

Security footage may provide important details about the conditions before, during and after a slip and fall. Many businesses use systems that automatically delete recordings after a certain period, so saving relevant footage quickly could help prevent the loss of information.

You may also want to collect and preserve:

  • Surveillance footage from all relevant camera angles
  • Cleaning logs and maintenance records
  • Employee schedules and safety reports
  • Photos of the area where the fall occurred

Keeping these records organized could help you create a clearer timeline of the incident and your store’s response.

2. Identify witnesses and collect their information

Customers, employees and nearby visitors may have seen what happened. Their observations could provide details about the floor condition, lighting, warning signs or other factors connected to the fall.

You may want to record witness names and contact information while the details remain fresh. Written notes about what each person saw could also help maintain accurate records and avoid confusion later.

3. Document the hazard and surrounding conditions

The condition of the store area may become an important part of any later review of the incident. Photos and videos could help capture details that may change over time, such as a spill, damaged flooring or missing warning signs.

California businesses generally have a duty to take reasonable care to maintain safe property conditions. Under California Civil Code, liability may depend on whether a business acted reasonably under the circumstances. California also follows comparative negligence rules, which means a customer’s actions may affect a claim if those actions contributed to the injury.

4. Complete an incident report with clear facts

An incident report could help you organize important details without adding assumptions or opinions. A useful report may include the date, time, location, people involved and steps your business took after the fall.

You may want the report to focus on facts such as:

  • What happened before and during the incident
  • What employees observed at the scene
  • What actions the store took afterward

Accurate documentation could help provide a consistent record if questions arise later.

Keep the first 48 hours focused on facts

A slip and fall can raise questions about store conditions, safety practices and responsibility. A calm and organized response during the first 48 hours may help you protect important information while showing that your business takes customer safety seriously.

California premises liability rules can involve several factors, including the condition of the property and the steps a business took to address potential hazards. Learning how these premises liability rules may apply to your situation could help you make informed decisions after an incident.

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