This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
If you were hurt in a slip, trip, or fall on someone else's property in Mission Viejo, the property owner may owe you compensation, if their failure to keep the property reasonably safe caused your fall. To recover, the key is usually showing that the owner knew, or should have known, about the hazard and failed to fix it or warn you. The Mission Viejo slip and fall attorneys at Cefali & Cefali, APC investigate what went wrong, prove the owner's notice of the danger, and fight for the full value of your injuries. Call (949) 325-7790 for a free consultation, available 24/7. No fee unless we win.
Slip and fall claims fall under California premises liability law. Under Civil Code section 1714 and the California Supreme Court's decision in Rowland v. Christian, property owners owe a duty of reasonable care to keep their property safe for people who are lawfully there. To win a slip and fall case, you generally must prove four things:
Duty, the owner or occupier controlled the property and owed you a duty of care
Breach, they failed to keep it reasonably safe, by allowing a hazard to exist
Causation, that hazard caused your fall and your injuries
Damages, you suffered actual harm, such as medical bills and lost wages
The element that decides most slip and fall cases is notice. A property owner is generally liable only if they knew about the dangerous condition (actual notice) or if it existed long enough that they should have discovered it with reasonable inspection (constructive notice). For example, a spill that sat in a store aisle for an hour with no cleanup points to constructive notice, while a spill that happened seconds before your fall may not. Proving how long a hazard existed, often through incident reports, maintenance logs, and surveillance footage, is central to these cases, which is one reason acting quickly matters.
Where Slip and Fall Accidents Happen in Mission Viejo
We have represented clients hurt in falls at supermarkets, retail stores, restaurants, apartment and HOA communities, parking structures, and on commercial walkways throughout Mission Viejo, including busy retail destinations like The Shops at Mission Viejo. Common hazards include wet or freshly mopped floors without warning signs, spills left uncleaned, uneven or broken pavement, poor lighting in stairwells and garages, missing or loose handrails, torn carpeting, and merchandise falling from shelves.
Seriously injured victims in Mission Viejo are often treated at Mission Hospital Mission Viejo, the Level II trauma center serving South Orange County. If your claim becomes a lawsuit, it is filed at the Orange County Superior Court Central Justice Center in Santa Ana.
Common Slip and Fall Injuries
A fall can cause far more than bruises. The injuries we commonly see include broken bones (wrists, hips, and ankles are especially common), head injuries and concussions, spinal and neck injuries, soft-tissue damage to muscles and ligaments, and shoulder injuries. Falls are particularly dangerous for older adults, for whom a broken hip or head injury can be life-altering. Because some injuries, especially head and spine injuries, are not obvious right away, prompt medical care protects both your health and your claim.
Compensation in a Mission Viejo Slip and Fall Claim
A slip and fall claim can recover economic damages (current and future medical bills, lost wages, and reduced earning capacity) and non-economic damages (pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life). California places no cap on general damages such as pain and suffering in an ordinary injury case. If a fall is fatal, surviving family members may pursue a wrongful death claim for funeral expenses, lost support, and loss of companionship.
California follows pure comparative negligence, so even if the property owner argues you were partly at fault (for example, for not watching where you stepped), you can still recover, with your award reduced only by your percentage of fault. Insurers often lean heavily on this argument, which is another reason to have an attorney document exactly what caused your fall.
Deadlines to File a Slip and Fall Claim
Under California Code of Civil Procedure section 335.1, you generally have two years from the date of the fall to file a personal injury lawsuit. There is an important exception: if you fell on public property (a city sidewalk, a public building, or other government-owned premises), you must first file a government claim within just six months under the California Government Claims Act. Because these deadlines are strict and evidence like surveillance footage can be overwritten within weeks, it is best to speak with an attorney as soon as possible.
How a Mission Viejo Slip and Fall Lawyer Helps
Property owners and their insurers know these cases turn on notice, and they move quickly to control the evidence, often having their own investigators on the scene the same day. An experienced attorney levels the field: preserving surveillance footage and incident reports before they disappear, establishing how long the hazard existed, documenting the full extent of your injuries and future care, and countering the insurer's attempt to blame you. Our Mission Viejo personal injury attorneys handle slip and fall cases on a contingency basis, so you pay nothing upfront and no fee unless we win.
Frequently Asked Questions
Do I have a slip and fall case?
You likely have a case if a property owner's failure to keep their property reasonably safe caused your fall and your injuries. The key question is usually notice: did the owner know, or should they reasonably have known, about the hazard and fail to fix it or warn you? A free consultation is the best way to find out, since the answer depends on the specific facts and the available evidence.
What if I was partly at fault for my fall?
You can still recover. California follows pure comparative negligence, so if you were partly at fault, your compensation is reduced by your percentage of fault rather than eliminated. Property owners often argue the visitor was careless to reduce what they pay, so it is worth having an attorney document exactly what caused your fall and push back on an unfair fault argument.
How long do I have to file a slip and fall claim in California?
Under Code of Civil Procedure section 335.1, you generally have two years from the date of the fall to file a personal injury lawsuit. If you fell on public property, you must first file a government claim within six months under the California Government Claims Act. Missing either deadline usually ends your right to recover, so act early.
Who pays for a slip and fall injury?
Usually the property owner's or business's liability insurance pays the claim. For a fall at a store or business, that is typically the business's commercial general liability policy; for a fall at a home or rental, the homeowners or renters policy. In some cases more than one party (for example, a property owner and a maintenance contractor) may share responsibility. Identifying every source of coverage is part of maximizing your recovery.
How much does it cost to hire a slip and fall lawyer?
Nothing upfront. Cefali & Cefali handles slip and fall cases on a contingency fee basis, which means you pay no attorney fees unless we win. The fee is a percentage of your recovery, the consultation is free, and if we do not recover money for you, you owe us nothing.
Free Consultation: Contact a Mission Viejo Slip and Fall Lawyer
Mission Viejo is one of the safest cities in America, but accidents still happen, and when they do, the property owner's insurer is already working to limit what they pay. Do not accept an offer before you understand what your claim is worth. Cefali & Cefali, APC represents slip and fall victims throughout Mission Viejo and Orange County, and we fight for the full compensation you deserve for your medical bills, lost wages, and pain and suffering. Call (949) 325-7790 or contact us for a free consultation. No fee unless we win.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
