If a shopper falls on a wet restroom floor due to a leaking sink in California, they may have a valid personal injury claim under premises liability law. Here’s a breakdown of how the law applies in this situation:
🔹 Legal Overview: Premises Liability in California
Under California law, property owners and occupiers (e.g., stores, malls) have a duty to maintain their premises in a reasonably safe condition and to either fix or warn of known hazards — or hazards they should have discovered through regular inspections.
🔹 Key Legal Elements the Injured Shopper Must Prove
To establish a successful claim, the injured party (plaintiff) must show:
1. Duty of Care
- Businesses owe a duty of care to customers who lawfully enter the premises, including restrooms.
2. Breach of Duty
- The leaking sink created a hazard (wet floor).
- The business knew or should have known about the leak and failed to:
- Repair the sink,
- Clean the water promptly, or
- Post warning signs (e.g., “Wet Floor”).
This can be a breach of their duty to maintain safe conditions.
3. Causation
- The wet floor from the leaking sink directly caused the fall and resulting injuries.
4. Damages
- The shopper suffered measurable damages — such as:
- Physical injuries (e.g., broken bones, sprains),
- Medical bills,
- Lost income,
- Pain and suffering.
🔹 Examples of Evidence That Can Support the Claim
- Photos or video of the wet floor and leaking sink.
- Incident reports filed with the store or mall.
- Surveillance footage (if available).
- Witness statements.
- Maintenance logs showing how often the restroom was inspected or cleaned.
🔹 Possible Defenses by the Business
The business may argue:
- They were not aware of the leak (and had no reasonable opportunity to discover it).
- The area had adequate warning signs.
- The shopper was distracted or wearing unsafe footwear.
🔹 Statute of Limitations
In California, the statute of limitations for personal injury claims is generally 2 years from the date of the incident.
🔹 Next Steps for the Injured Shopper
- Get medical treatment right away.
- Document everything (injuries, scene, reports).
- Keep receipts for medical bills and lost income.
- Consult a personal injury attorney — especially if the injuries are serious.
Law Offices of James R. Dickinson – 909-848-8448
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