How Comparative Negligence Affects Your Slip-and-Fall Claim in California

By Eugene Bruno on June 10, 2025

You could still be eligible to receive compensation for your injuries in a slip-and-fall accident even if it turns out that you were partly at fault. Thanks to the legal concept of comparative negligence, accident victims in California can seek damages as long as someone else is at least partially at fault for the accident.

At Eugene Bruno & Associates, we’ve helped thousands of clients navigate the complexities of California personal injury law, including cases where fault was shared.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine used to allocate fault among all parties involved in a personal injury incident. That means you can recover damages if you were partially at fault; your compensation will simply be reduced by the percentage of fault assigned to you.

For example, if you’re awarded $100,000 in damages but you’re found to be 20% at fault, your total recovery would be reduced by that amount, so you’d receive $80,000.

Comparative Negligence in California: Pure and Practical

California follows a pure comparative negligence rule. That means an injured person can recover compensation even if they were up to 99% at fault for the accident.

So, in a shared negligence slip case in California, it’s not about whether you were partly to blame. It’s about how much blame you bear and how well your San Diego slip-and-fall injury lawyer can advocate for your fair share of damages.

Slip-and-Fall Scenarios Where Fault Is Split

In the real world, many premises liability cases fall into a gray area. Below are some common examples.

Overlooked Warning Signs

You slipped on a wet grocery store floor, but there was a yellow warning cone nearby. The store may argue you were at fault for not being careful. But if the cone was poorly placed or partially blocked, the business may still bear the majority of responsibility.

Improper Footwear

You fall on a slippery restaurant patio while wearing flip-flops. The defense may claim your footwear was inappropriate for the conditions. However, your attorney could argue that the restaurant failed to apply proper slip-resistant treatments or did not maintain the area safely.

Distracted Walking

You trip on uneven flooring while texting. The property owner may try to shift blame to you. But if the hazard was not properly marked or had been reported and ignored, they may still hold primary liability.

A Slip-and-Fall Scenario

Let’s say a woman slipped on water near a store’s entrance on a rainy day. The store argued she should have seen the water and worn better shoes. But the plaintiff’s attorney showed that the store failed to use mats, caution signs, or assign staff to monitor the entrance.

The court assigned 25% fault to the plaintiff and 75% to the store. Her $120,000 award was reduced to $90,000 under fault percentage injury claim rules.

Key Factors in Determining Fault in a Slip-and-Fall Accident

In a premises liability split fault claim, courts and insurance adjusters consider:

• Visibility of the hazard: Was it obvious or hidden?
• Warning signs: Were there adequate signs or barriers?
• Maintenance history: Had the hazard been reported before?
• Plaintiff behavior: Were they acting reasonably under the circumstances?
• Time of day and lighting: Could the hazard be clearly seen?

These factors are used to assign fault percentages. Your attorney’s job is to minimize your share of the blame while proving the property owner failed in their duty to keep the premises safe.

How to Protect Your Slip-and-Fall Claim

Even if you think you may have contributed to your fall, take the following steps to strengthen your case.

Document the Scene Immediately

Take photos or videos of the hazard, the surrounding area, and any signs or lack thereof.

Report the Incident

Notify the business or property manager right away and ask for a copy of the incident report.

Collect Contact Information From Witnesses

If anyone saw your fall or the hazard that caused it, their testimony could support your case.

Seek Medical Attention Right Away

Prompt care will protect your health, and it’s also essential for documenting the link between your fall and your injuries.

Don’t Accept Blame

Even a polite apology can be used against you later. Stick to the facts and let your lawyer handle fault discussions.

Hire an Experienced Personal Injury Attorney

Comparative fault arguments are often complex. You need someone who knows how to gather evidence, present facts persuasively, and protect your rights under California personal injury law.

Reasons to Choose Eugene Bruno & Associates

At Eugene Bruno & Associates, we’ve been helping San Diegans for over 20 years. Our team has a 99.7% success rate and decades of experience handling slip-and-fall claims, even when our clients were partially at fault. We’re approachable and we take time to explain every aspect of your case.

We’ve recovered tens of millions of dollars for clients injured due to unsafe conditions in grocery stores, restaurants, apartment complexes, retail shops, and more. If you’re dealing with a fault percentage injury claim, we know how to push back when the other side tries to blame you.

Speak With an Experienced San Diego Slip-and-Fall Accident Lawyer

In California, comparative negligence opens the door for countless accident victims to seek justice. If you’ve been injured in a slip-and-fall accident, contact Eugene Bruno & Associates today.

Give us a call at 1-888-BRUNO-88 (1-888-278-6688) to schedule your free consultation. We’ll give you an honest assessment of your claim and fight for every dollar you deserve.