How to Sue a Company for Negligence in California: A Step-by-Step Playbook

When a business fails to act with reasonable care and someone gets hurt, you may have the right to pursue a negligence claim. In California, that often means starting with an insurance claim—but in some situations, filing a lawsuit is the step that forces accountability, preserves evidence, and protects your right to compensation.

Below is a practical, litigation-ready playbook for how people typically sue a company for negligence in a California personal injury context, what you’ll need to prove, what to document, and what to expect along the way.

Action Plan: 10 Steps to Build (and File) a Strong Negligence Case

1. Get medical care and create a treatment record (ER/urgent care, follow-ups, physical therapy).
2. Report the incident (incident report, manager/security report, or written notice to the business).
3. Preserve evidence immediately (photos/video, clothing, product, receipts, and names of witnesses).
4. Identify the correct defendant(s) (corporate entity, property owner, contractor, employee/employer).
5. Document how the company was negligent (hazard, policy failure, training issues, maintenance, supervision).
6. Track damages (medical bills, missed work, out-of-pocket costs, and day-to-day limitations).
7. Do not give a recorded statement without a plan (and avoid signing broad medical authorizations).
8. Send a demand package or pre-suit notice when appropriate (especially where insurance is involved).
9. File the right case in the right court before the deadline (statute of limitations and special notice rules).
10. Prepare for litigation stages (discovery, depositions, expert review, settlement talks, trial readiness).

Before You Sue: What “Negligence” Means (and What You Must Prove)

Negligence is a legal theory that holds someone responsible when their lack of reasonable care causes harm. To succeed in a negligence lawsuit against a company in California, you generally must show:

1) Duty of care

The business owed you a duty to act with reasonable care. Examples include maintaining safe premises for customers, designing reasonably safe products, or training employees to avoid foreseeable harm.

2) Breach of duty

The company (or its employees/agents) failed to meet that standard—such as ignoring a spill, failing to repair a hazard, or violating a safety policy.

3) Causation

You must connect the breach to the injury. California law often breaks this into:

• Actual cause: the harm wouldn’t have happened “but for” the negligence.
• Proximate cause: the harm was a foreseeable result of the negligent conduct.

4) Damages

You must show real losses—medical expenses, wage loss, pain and suffering, disability, or other compensable harm.

Step 1: Protect Your Health (and the Paper Trail That Proves Your Injuries)

Medical care is about recovery first, but it also creates documentation that links the incident to your symptoms. If there’s a gap in treatment, insurers may argue you weren’t seriously hurt or that something else caused your condition.

• Follow discharge instructions and attend follow-up appointments.
• Tell your provider how the injury happened (briefly and accurately).
• Keep copies of visit summaries, imaging results, and prescriptions.

Step 2: Report the Incident to the Company (the Right Way)

For many negligence claims involving businesses—like a slip and fall, negligent security, or a store injury—there’s usually an internal incident report. Ask for:

• The incident report number (if they won’t provide a copy)
• The name/title of the person who took your report
• Any available video preservation process (security footage often gets overwritten)

If the issue involves a defective product, report the incident to the seller/manufacturer and preserve the product in its post-incident condition (do not repair, alter, or continue using it).

Step 3: Preserve Evidence Before It Disappears

Businesses often have surveillance footage, maintenance logs, inspection checklists, employee schedules, and vendor contracts—records that can be critical in proving fault. The sooner evidence is preserved, the better.

What to collect yourself

• Photos/video: the hazard, lighting, wet floor signage (or lack of it), broken step/handrail, torn carpet, uneven pavement, etc.
• Scene details: date/time, weather conditions, store layout, and anything that made the condition hard to see.
• Witness info: names, phone numbers, what they saw, and whether they observed prior complaints.
• Receipts/entry proof: receipts, appointment confirmation, parking ticket, delivery record—anything showing you were lawfully there.
• Your condition: visible injuries, torn clothing, and physical limitations in the following days.

Preserving business records

In many cases, a timely written request to preserve evidence (often called a preservation letter) can help prevent deletion of video footage and routine destruction of records. If litigation starts, formal discovery tools can compel production.

Step 4: Make Sure You’re Suing the Correct Company (and Everyone Who May Share Fault)

One of the most common practical problems is naming the wrong defendant. Large businesses may operate under multiple corporate entities, and the property owner may be different from the tenant business. Potential defendants can include:

• The corporate entity that owns/operates the business (LLC, corporation, partnership)
• The property owner or property management company
• A maintenance/janitorial contractor
• An employee or supervisor (often through employer liability)
• A manufacturer or distributor (product-related situations)

Proper identification can involve checking business filings, contracts, leases, and insurance information. Suing the right party is essential for insurance coverage and collectability.

Step 5: Understand What Makes a Company Legally Responsible

Companies don’t act on their own—people do. California law provides multiple avenues to hold a business responsible for injuries caused by negligence.

Vicarious liability (respondeat superior)

If an employee causes harm while acting within the scope of employment, the employer may be liable—even if the employer didn’t personally commit the act.

Direct corporate negligence

A company may be directly negligent, for example by:

• Failing to hire qualified staff or conduct reasonable background screening (where appropriate)
• Inadequate training or supervision
• Ignoring prior complaints or prior similar incidents
• Failing to maintain safe premises (inspection, repairs, lighting, security)
• Violating internal policies or industry safety standards

Premises liability (common in business injury cases)

Premises liability is a negligence framework focused on dangerous property conditions. A key issue is often notice: whether the business knew or should have known about the hazard and failed to fix it or warn people within a reasonable time.

Step 6: Calculate and Document Damages (So the Claim Has Real Weight)

In a negligence lawsuit, damages are the losses you can seek to recover. Strong documentation often makes the difference between a low offer and a serious negotiation.

Common categories in California personal injury cases

• Medical expenses: past and future treatment, medications, therapy, and related costs
• Lost income: missed work, reduced hours, and lost earning capacity (where applicable)
• Out-of-pocket expenses: transportation to appointments, medical devices, household help
• Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life

If a case involves particularly reckless conduct, there may be additional legal considerations, but those are fact-specific and not available in every negligence case.

Step 7: Expect the Insurance Company to Push Back (and Know the Typical Arguments)

Many companies turn the claim over to a liability insurer or a third-party administrator (TPA). Even when the facts seem straightforward, you may encounter arguments designed to reduce or deny liability and damages, such as:

• “We didn’t have notice.” They’ll claim the hazard appeared moments before the incident.
• “It was open and obvious.” They’ll argue you should have seen and avoided it.
• “You weren’t careful.” They’ll argue comparative negligence (shared fault).
• “Your injuries are pre-existing.” They’ll point to prior medical history to downplay causation.
• “You’re overtreating.” They’ll challenge the necessity of therapy, imaging, or specialist care.
• “We’re not the right party.” They’ll shift blame to a contractor, landlord, or another entity.

California follows pure comparative fault, meaning compensation can be reduced by your percentage of fault but not automatically eliminated just because you may share some responsibility.

Step 8: Pre-Suit Demand vs. Filing a Lawsuit (How People Usually Choose)

Not every negligence claim needs a lawsuit. Many resolve through an insurance claim supported by a demand package. But lawsuits are commonly considered when:

• Liability is disputed and evidence needs to be compelled through discovery
• The company/insurer delays, denies, or makes a low offer
• The injuries are significant and future care is likely
• The statute of limitations is approaching
• Multiple parties are involved and responsibility is being shifted around

A demand package often includes a liability summary, injuries and treatment timeline, supporting records, and a clear request for settlement. If the demand is ignored or rejected, filing suit may be the next step.

Step 9: File the Lawsuit on Time (and in the Right Place)

Deadlines matter. If you miss the statute of limitations, you can lose the right to pursue compensation—no matter how strong the case is.

Statute of limitations (California)

Many California personal injury negligence claims are subject to a filing deadline. There are also situations that can shorten or change the timeline (for example, claims involving a government entity can involve special notice requirements). Because the correct deadline depends on the facts, it’s important to confirm it early.

Venue and jurisdiction

Lawsuits are typically filed in the county where the incident happened or where a defendant does business. Choosing the proper venue and naming the correct legal entities are foundational steps for a case to proceed smoothly.

Step 10: Know the Litigation Roadmap After You Sue

Once a complaint is filed and served, the case moves through a series of stages. Understanding these helps set expectations and reduces surprises.

What Helps (and Hurts) a Negligence Lawsuit Against a Company

Helpful factors

• Prompt reporting and documented notice to the business
• Clear photos/video showing the hazard and the surrounding area
• Witness statements that support how the incident happened
• Consistent medical documentation linking injuries to the incident
• Proof of notice (prior complaints, incident history, maintenance gaps)
• Evidence of policy failure (training, staffing, inspection practices)

Common pitfalls

• Waiting too long to seek treatment or report the incident
• Assuming the business saved video (footage can be overwritten quickly)
• Posting on social media in ways that undermine injury claims
• Giving unclear recorded statements under pressure
• Not tracking wage loss (missing employer notes, pay stubs, or time records)
• Naming the wrong entity or missing a critical defendant

Example Scenario (Hypothetical): Suing a Business After a Slip-and-Fall

Hypothetical facts: A customer slips on a puddle in a grocery aisle. No caution cone is visible. The customer reports the fall immediately and learns from a nearby shopper that the spill was there “for a while.” The customer goes to urgent care the same day for a wrist injury and later needs follow-up orthopedic treatment.

How a negligence lawsuit might be built:

• Duty: The store owes customers a duty to maintain reasonably safe premises.
• Breach: Evidence could include photos of the spill area, absence of warning signs, and store policies on inspection/cleaning.
• Notice: A key dispute may be whether employees knew or should have known (inspection logs, employee schedules, prior complaints, surveillance video).
• Causation: Medical records documenting injury onset right after the fall support linkage.
• Damages: Bills, time off work, and functional limitations are documented through records and wage proof.

How the defense might respond: The store may argue the spill happened moments before, that the customer wasn’t watching where they were going, or that the injury is unrelated or exaggerated. Discovery (including video and inspection records) often becomes central.

Special Situations That Change the Strategy

When a government entity may be involved

If the negligent “company” is actually a public entity (or the dangerous condition is on public property), different rules may apply, including special notice procedures and shorter deadlines. Identifying this early is critical.

When the incident involves a contractor or third party

In shopping centers, hotels, and large properties, maintenance, security, or cleaning may be outsourced. Responsibility may be shared among the tenant, the landlord, and outside vendors. This is where contracts, work orders, and supervision practices matter.

When the injury came from a product used at a business

Some injury events overlap negligence and product-related theories (for example, a chair collapsing at a restaurant). Preserving the product and documenting chain of custody can be just as important as scene photos.

When to Talk to a Personal Injury Lawyer

Suing a company can involve multiple layers—corporate structures, insurers, and legal teams. Consider getting legal help early if:

• Your injury is serious or symptoms aren’t improving
• You suspect missing video, altered records, or disputed facts
• Multiple parties may share fault (property owner + tenant + contractor)
• You’re being pressured for a recorded statement or quick settlement
• You’re unsure about deadlines or government-claim rules

FAQ

Do I have to file a lawsuit to get compensated by a company?

Answer: Not always. Many claims begin (and sometimes resolve) through an insurance claim, but a lawsuit may be necessary if liability or damages are disputed, evidence must be compelled, or deadlines are approaching.

Can I sue a company if an employee caused the injury?

Answer: Often, yes. If the employee was acting within the scope of employment, the company may be responsible under vicarious liability, and the company may also be directly liable for training, supervision, or safety failures.

What if the company says I’m partly at fault?

Answer: You may still recover damages. California’s comparative negligence rules can reduce compensation by your share of fault rather than barring recovery entirely (fact-dependent).

What if there were no witnesses?

Answer: You can still have a case. Photos, surveillance footage, incident reports, medical records, and proof of a dangerous condition (plus maintenance/inspection records) can establish what happened and why the company is responsible.

How long does a negligence lawsuit against a company take?

Answer: It depends on the court schedule, complexity, injuries, and how strongly liability is contested. Cases involving extensive discovery, multiple defendants, or expert issues generally take longer than straightforward disputes.

Is it enough that I was injured on business property?

Answer: Injury alone isn’t enough. You typically must prove the business was negligent (for example, it created a hazard or failed to correct/warn after having notice) and that negligence caused your injury.

Talk to Jacob Emrani’s Team About Your Options

If you were injured and believe a business’s negligence played a role, you can contact Jacob Emrani through CallJacob.com to discuss what happened and learn what next steps may make sense. A conversation can help you understand evidence to preserve, timelines to watch, and whether an insurance claim or lawsuit is the better path for your situation.

Disclaimer: This article provides general educational information about suing a company for negligence in California and is not legal advice. Every case is different, and rules can vary based on the specific facts and parties involved.