Posted October 31, 2026 - by Law Offices of J.Chrisp
Founding Attorney
Possibly. In California, everyone is responsible for an injury caused to another by a lack of ordinary care in the management of their property, except to the extent the injured person brought the injury on themselves (Civil Code section 1714). A business owes its customers a duty to exercise reasonable care in keeping the premises reasonably safe (Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200). The Law Offices of J. Chrisp represents people in slip and fall and premises liability cases.
The injured person must show the owner had actual or constructive knowledge of the dangerous condition (Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200). Evidence that the owner failed to inspect the premises within a reasonable period of time can allow an inference that the condition existed long enough to be discovered.
If the winery proves you were negligent and that this was a substantial factor in your harm, your damages are reduced by the percentage of responsibility the jury assigns to you (CACI No. 405, Comparative Fault of Plaintiff).
For an injury case, the county where the injury occurs is a proper county for trial (Code of Civil Procedure section 395).
That is generally a question of fact for the jury (Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200).
If you were hurt in a fall at a winery or tasting room, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.
The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.
Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, Justia
Attorney Advertising. This page provides general information about California law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated November 2026.
Since founding his law firm in 2010, Jesse Chrisp has built a reputation as a dedicated personal injury trial attorney serving Northern California’s Bay Area.
He has represented thousands of injured clients and holds the record for the highest personal injury verdict in Lake County. Mr. Chrisp was selected to Northern California Rising Stars from 2013 to 2019, an honor awarded to only 2.5% of attorneys in the state.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jesse Chrisp, who has been continuously recognized as a leader in personal injury law since starting his law firm in 2010.
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