If a shopper trips on a torn or raised floor mat near a mall entrance in California, they may have a strong premises liability personal injury claim against the property owner, mall management, or cleaning contractor, depending on who was responsible for maintaining the area.
🔹 Legal Framework: Premises Liability in California
Under California Civil Code §1714, property owners and managers have a duty of care to keep premises in a reasonably safe condition for visitors — including maintaining walkways and entrance areas.
A torn, curled, or unsecured floor mat at an entrance is considered a foreseeable tripping hazard. If someone is injured because of it, the property owner may be negligent.
🔹 Elements of a Valid Personal Injury Claim
To prevail in court or reach a settlement, the shopper (plaintiff) must show:
1. Duty of Care
The mall and any vendors or contractors responsible for cleaning or maintaining the entryway owed a duty of care to shoppers.
2. Breach of Duty
Failing to secure or replace a torn or raised floor mat is likely a breach of that duty — especially if:
- The mat had been in poor condition for some time,
- Staff failed to inspect the area regularly, or
- No warning was posted.
3. Causation
The condition of the mat directly caused the shopper to trip and fall.
4. Damages
The shopper must show actual damages, such as:
- Physical injury (e.g., sprains, fractures),
- Medical expenses,
- Lost wages,
- Pain and suffering.
🔹 Evidence That Can Strengthen the Claim
- Photos of the mat showing the torn or raised area.
- Surveillance video of the fall.
- Witness statements (including staff or other shoppers).
- Maintenance or inspection logs showing lack of routine care.
- Incident report filed with mall security or management.
🔹 Common Defenses the Mall Might Raise
- The mat was in good condition just before the incident (transient hazard).
- The shopper was distracted or not watching where they were going.
- No prior complaints or reports had been made about that mat.
However, if the mat was clearly in disrepair, those defenses may not hold up.
🔹 Statute of Limitations
In California, the time limit to file a personal injury lawsuit is generally 2 years from the date of the incident.
✅ What the Injured Shopper Should Do Next
- Seek immediate medical attention.
- Take photos of the mat and the surrounding area.
- Report the incident to mall security or management.
- Gather witness information, if possible.
- Consult a personal injury attorney.
Law Offices of James R. Dickinson – 909-848-8448
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