Can I File a Wrongful Death Claim If a Loved One Died in a Slip and Fall?

Yes. If a loved one dies because of injuries suffered in a slip-and-fall accident caused by a dangerous property condition, eligible family members may be able to file a wrongful death claim in California.

A fatal slip and fall may give rise to both premises liability and wrongful death issues. The underlying premises liability claim focuses on whether a property owner, business, landlord, property manager, or another responsible party negligently allowed a dangerous condition to exist. The wrongful death claim addresses the losses surviving family members experience because that negligence resulted in their loved one’s death.

These cases can arise after falls involving slippery floors, unsafe stairs, poor lighting, broken walkways, defective railings, dangerous parking lots, and many other hazardous property conditions.

If your family member suffered fatal injuries in a fall, a Fontana slip-and-fall accident lawyer can investigate the property condition, determine who may have been responsible, and evaluate whether your family has grounds for a wrongful death claim.

When Can a Slip and Fall Become a Wrongful Death Case?

A slip-and-fall accident may become a wrongful death case when:

1. A dangerous condition existed on someone else’s property;
2. A property owner or another responsible party was negligent in creating, maintaining, inspecting, repairing, or warning about the condition;
3. The dangerous condition caused the fall;
4. The victim suffered serious injuries; and
5. Those injuries ultimately caused the victim’s death.

California’s premises liability rules are based on negligence.

Under California Civil Code § 1714, people generally have a responsibility to exercise ordinary care in managing their property.

California’s premises liability jury instructions similarly require a plaintiff to establish that the defendant owned, leased, occupied, or controlled the property; was negligent in its use or maintenance; and that the negligence was a substantial factor in causing harm.

A wrongful death case therefore requires more than showing that your loved one happened to fall on someone else’s property.

There must generally be evidence connecting the fatal accident to negligence by the party responsible for the premises.

What Types of Slip-and-Fall Accidents Can Cause Fatal Injuries?

Although many falls result in relatively minor injuries, others can be catastrophic—particularly for older adults or when the victim falls from a height or strikes their head.

Potentially fatal slip-and-fall accidents may involve:

• Wet or slippery floors
• Liquid spills
• Leaking refrigeration equipment
• Rainwater tracked into a business
• Uneven pavement
• Broken sidewalks
• Defective stairs
• Missing or loose handrails
• Poor lighting
• Unsafe balconies
• Broken flooring
• Loose carpeting or mats
• Construction hazards
• Unsafe parking lots
• Unmarked changes in elevation
• Oil or grease
• Debris in walkways

A fall can result in a severe traumatic brain injury, spinal cord injury, internal bleeding, hip fracture, or other medical complications that ultimately become fatal.

Importantly, the victim does not necessarily have to die at the scene of the accident for a wrongful death claim to be possible.

What If My Loved One Died Days or Weeks After the Fall?

A wrongful death claim may still be possible when the victim initially survives the accident but later dies from the injuries or complications caused by the fall.

For example, someone may suffer a traumatic brain injury or serious fracture, undergo hospitalization or surgery, and later die from complications associated with those injuries.

The key question is whether the slip-and-fall injuries were legally connected to the person’s death.

Medical records, treating physicians, autopsy findings, death certificates, and expert testimony may become important evidence when establishing that connection.

Who Can File a Wrongful Death Claim in California?

California does not permit just anyone who was close to the deceased person to bring a wrongful death lawsuit.

Under California Code of Civil Procedure § 377.60, people who may have the right to bring a claim can include:

• The decedent’s surviving spouse
• Registered domestic partner
• Children
• Children of a deceased child
• Certain people who would inherit through intestate succession if there are no surviving descendants

Certain financially dependent individuals may also qualify in some circumstances, including:

• A putative spouse
• Children of a putative spouse
• Stepchildren
• Parents
• Certain legal guardians

The decedent’s personal representative may also pursue the wrongful death action on behalf of eligible heirs.

Because California’s rules regarding wrongful death standing can become complicated, families should avoid assuming that a particular relative either automatically can or cannot participate in the claim.

Who Could Be Liable for a Fatal Slip and Fall?

The responsible party is not always simply the person or company whose name appears on the property’s deed.

Potential defendants can include:

• Property owners
• Retail stores
• Restaurants
• Hotels
• Apartment landlords
• Commercial landlords
• Tenants
• Property management companies
• Maintenance companies
• Cleaning contractors
• Homeowners associations
• Construction contractors
• Government entities

California premises liability law places significant emphasis on possession and control of the property.

In some cases, multiple parties may share responsibility.

For example, a retail store may lease its space from a commercial property owner while a separate management company maintains common walkways and another contractor handles cleaning.

Determining who controlled the area where the fall happened may therefore require reviewing contracts, leases, maintenance agreements, inspection records, and other evidence.

What Must My Family Prove in a Fatal Slip-and-Fall Case?

A successful wrongful death claim involving a slip and fall generally requires evidence establishing both the underlying premises liability case and the connection between the accident and the death.

Important issues may include:

A Dangerous Condition Existed

There must generally be an unsafe property condition, such as a spill, broken stair, uneven walkway, missing handrail, or another hazard.

The Defendant Had a Duty of Care

The person or business responsible for the property must have owed the victim a duty to exercise reasonable care.

The Defendant Was Negligent

Negligence could involve:

• Creating the hazard
• Failing to conduct reasonable inspections
• Failing to clean up a dangerous condition
• Failing to repair a known defect
• Failing to provide adequate warning
• Ignoring prior complaints
• Failing to maintain the property

The Negligence Caused the Fall

The dangerous condition must have been a substantial factor in causing the accident.

The Fall Caused the Death

Finally, the family must establish a causal connection between the injuries suffered in the fall and the person’s death.

This final issue can become particularly important when the victim had preexisting medical conditions or survived for a period of time after the accident.

Does the Property Owner Have to Know About the Hazard?

Knowledge can be an important part of a California premises liability case.

A property owner or business may have actual notice or constructive notice of a dangerous condition.

Actual Notice

Actual notice means someone responsible for the property knew the hazard existed.

Evidence could include:

• Earlier complaints
• Incident reports
• Maintenance requests
• Employee communications
• Prior accidents
• Video surveillance
• Witness testimony

Constructive Notice

Constructive notice may exist when the dangerous condition remained present long enough that a reasonably careful property owner or business should have discovered it through appropriate inspections.

This issue commonly arises in retail slip-and-fall cases.

For example, if a spill existed for a significant period but employees failed to inspect the area, the business may face allegations that reasonable inspections would have discovered the hazard.

What Evidence Is Important After a Fatal Slip and Fall?

Evidence can disappear rapidly in premises liability cases.

A liquid spill may be cleaned. A broken stair may be repaired. Surveillance footage may be overwritten. Employees may leave their jobs.

Important evidence may include:

• Surveillance video
• Photographs of the hazard
• Accident scene photographs
• Witness statements
• Incident reports
• Inspection logs
• Cleaning schedules
• Maintenance records
• Repair records
• Prior complaints
• Prior accident reports
• Emergency medical records
• Hospital records
• Medical imaging
• Physician reports
• Death certificate
• Autopsy records, when applicable

An attorney may also send a preservation letter requesting that a business or property owner preserve relevant surveillance footage and other evidence.

Acting promptly can therefore be especially important after a fatal premises liability accident.

What Damages Can Be Recovered in a California Wrongful Death Claim?

A wrongful death claim compensates eligible surviving family members for losses they personally experience because of their loved one’s death.

Depending on the circumstances, damages may include compensation for the loss of:

• Financial support the deceased would have contributed
• Gifts or benefits family members could reasonably have expected
• Funeral and burial expenses
• Household services
• Love
• Companionship
• Comfort
• Care
• Assistance
• Protection
• Affection
• Society
• Moral support

The specific damages depend on the relationship between the deceased person and the surviving claimant as well as the family’s individual circumstances.

There is no universal formula for determining the value of a wrongful death claim.

Can Medical Bills From Before the Death Be Recovered?

This is where the distinction between a wrongful death claim and a survival action can become important.

Wrongful death damages compensate surviving family members for their own losses.

A survival action, by contrast, generally involves claims that belonged to the deceased person before death and may be pursued by the decedent’s personal representative or successor in interest.

If a person survived a slip and fall for some period before dying, there may potentially be both:

• A wrongful death claim for eligible survivors; and
• A survival claim relating to losses or claims belonging to the decedent before death.

Which claims are available and what damages may be recovered require careful evaluation under California law.

What If My Loved One Was Partially Responsible for the Fall?

Partial responsibility does not necessarily prevent a wrongful death claim in California.

California follows a pure comparative negligence system.

This means compensation may be reduced according to the percentage of fault attributed to the deceased person rather than automatically eliminating the claim.

For example, a property owner might argue that the victim should have noticed the hazard.

The family might respond with evidence showing that:

• The condition was difficult to see;
• Lighting was inadequate;
• No warning signs were present;
• The hazard was unexpected;
• The property owner had previously received complaints; or
• The defendant failed to conduct reasonable inspections.

Questions of comparative negligence are highly dependent on the facts.

What If the Fatal Fall Happened at a Business?

Businesses can be responsible for maintaining reasonably safe premises for customers and other lawful visitors.

Fatal slip-and-fall cases may arise at:

• Grocery stores
• Department stores
• Restaurants
• Shopping centers
• Hotels
• Entertainment venues
• Office buildings
• Warehouses
• Retail stores

Businesses may have procedures governing inspections, cleaning, maintenance, and incident reporting.

Those records can become valuable evidence when determining how long a hazard existed and whether employees followed appropriate safety procedures.

What If the Fall Happened at an Apartment Complex?

Fatal falls may also occur at residential rental properties because of:

• Broken stairs
• Loose railings
• Poor lighting
• Unsafe balconies
• Damaged walkways
• Defective gates
• Uneven pavement
• Poorly maintained common areas

Whether a landlord, property manager, tenant, or another party is responsible depends partly on who controlled and was responsible for maintaining the location where the accident occurred.

What If the Fall Happened on Government Property?

Claims involving cities, counties, public agencies, or other government entities involve additional procedural rules and significantly shorter claim deadlines than ordinary wrongful death lawsuits.

A fatal fall on:

• A public sidewalk
• Government building
• Public parking area
• Municipal property
• Other publicly controlled property

may therefore require action much sooner than a claim against a private business.

Families should speak with an attorney promptly if a government entity might be involved.

How Long Do I Have to File a Wrongful Death Lawsuit After a Slip and Fall?

In many California wrongful death cases, the general statute of limitations is two years from the date of death.

California Code of Civil Procedure § 335.1 establishes a two-year limitations period for an action involving the death of a person caused by another party’s wrongful act or neglect.

However, important exceptions and different deadlines may apply.

Claims against government entities, for example, generally involve much shorter administrative claim deadlines.

The applicable deadline can also depend on unusual factual or legal circumstances.

Families should therefore avoid waiting until the two-year anniversary approaches before obtaining legal advice.

Why Are Fatal Slip-and-Fall Cases Often More Complicated?

These cases combine two areas of law: premises liability and wrongful death.

An attorney may need to investigate:

1. What dangerous condition existed;
2. Who owned or controlled the property;
3. Who was responsible for inspections and maintenance;
4. How long the condition existed;
5. Whether anyone previously reported it;
6. Whether the defendant had actual or constructive notice;
7. How the accident occurred;
8. What injuries resulted;
9. How those injuries contributed to the death; and
10. Which relatives are legally entitled to pursue wrongful death damages.

Insurance companies may challenge several of those issues.

They may argue that there was no dangerous condition, that the property owner lacked notice, that the victim caused the fall, or that another medical condition rather than the accident caused the death.

Thorough evidence can therefore be essential.

Talk to a Fontana Slip-and-Fall Wrongful Death Lawyer at Banner Attorneys

Losing someone you love after a preventable fall can leave a family facing grief, unanswered questions, and significant financial consequences.

When a fatal slip and fall was caused by an unsafe property condition, California law may allow eligible surviving family members to hold the responsible party accountable through a wrongful death claim.

Banner Attorneys represents injured people and families in Fontana and throughout Southern California in serious premises liability matters.

If your loved one died after a fall at a store, apartment complex, restaurant, parking lot, business, or other property, contact Banner Attorneys to discuss what happened and whether your family may have a claim.