# How do I know if this is a personal injury matter? Canonical: https://californiapersonalinjurylaws.com/guides/is-this-a-personal-injury-case/ Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied. ## Short answer An injury claim concerns harm and a legal basis for asking another person or business to pay. Not every accident or upsetting event supports the same kind of claim. ## Hypothetical example A person hurt by unsafe stairs asks about an injury claim. A person with only a broken car window may need a property-loss review. ## How the rule works A negligence claim generally needs a duty, a failure to use care, a link to harm, and a legally recognized loss. Other claims can have different rules. ## What can change the answer A close call without proven harm is different from an injury that needs care. Some problems belong to other areas of law. ## A useful next step Describe what happened, what harm followed, and who may be involved. Ask the intake team whether the matter fits the firm’s work. ## Court decisions behind this answer ### Rowland v. Christian (1968) 69 Cal.2d 108, p. 119. The court applied reasonable-care rules to unsafe property. A visitor’s label alone did not decide the owner’s duty. Limit: The case does not make an owner pay for every fall. Statutes and later exceptions still need review. Source: https://law.justia.com/cases/california/supreme-court/2d/69/108.html ### Mitchell v. Gonzales (1991) 54 Cal.3d 1041, pp. 1049–1053. The court favored a substantial-factor instruction for cause in fact over a confusing older instruction. Limit: Proof of a careless act alone is not enough. The claimed harm must still be linked to that act. Source: https://law.justia.com/cases/california/supreme-court/3d/54/1041.html ## Sources - [California Civil Code § 1714 — Responsibility for harm](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1714.) - [Civil Code § 3333 — Compensation for harm](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3333.) - [Rowland v. Christian (1968) 69 Cal.2d 108](https://law.justia.com/cases/california/supreme-court/2d/69/108.html) - [Mitchell v. Gonzales (1991) 54 Cal.3d 1041](https://law.justia.com/cases/california/supreme-court/3d/54/1041.html) General information, not legal advice.