In a California personal injury case where a shopper trips over broken concrete in a store’s walkway, the claim falls under premises liability based on negligence. This type of defect — especially if located in a walkway where customers are expected to travel safely — can create significant liability for the property owner or occupier.
⚖️ Legal Framework – Premises Liability (Civ. Code § 1714)
To succeed, the injured shopper (plaintiff) must prove five elements:
1. Duty of Care
- Businesses and property owners owe a duty to maintain walkways in a reasonably safe condition.
- This includes:
- Regularly inspecting high-traffic areas,
- Repairing damaged walkways (e.g., cracked or broken concrete), and
- Posting warnings or barriers if immediate repair isn’t possible.
2. Breach of Duty
- Broken or uneven concrete poses a foreseeable trip hazard.
- Failing to repair or warn about a known or easily discoverable defect in a walkway is likely a breach of duty.
3. Notice – Actual or Constructive Knowledge
To hold the store liable, the plaintiff must show that the store:
- Knew about the broken concrete (e.g., through complaints or employee observations), or
- Should have known about it because the defect existed long enough that reasonable inspections would have revealed it (constructive notice).
Example: If the broken concrete had been there for weeks or months, the store likely had constructive notice.
4. Causation
- The shopper must prove the trip and injuries were caused by the damaged concrete, not another unrelated factor.
5. Damages
- The shopper must prove actual losses, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Permanent or long-term injury, if applicable
🧾 Who May Be Liable?
- The store, if it owns or is responsible for the walkway.
- The property owner or landlord, if the area is a common space under their control.
- A third-party maintenance company, if they were contracted to inspect or repair the walkway.
📎 Useful Evidence
- Photos of the broken concrete and surrounding area.
- Surveillance footage (if near the entrance).
- Incident report.
- Witness statements (other shoppers or employees).
- Maintenance records (showing inspection frequency or complaints).
- Medical documentation of injury.
⚠️ Comparative Negligence (California Rule)
California uses pure comparative negligence. If the shopper was partially at fault — for example, distracted, running, or wearing inappropriate footwear — their damages may be reduced proportionally.
Example: $100,000 in damages, shopper found 30% at fault → recovery = $70,000
🕒 Statute of Limitations
- The shopper has 2 years from the date of injury to file a lawsuit (Cal. Code Civ. Proc. § 335.1).
- If the walkway is publicly owned (e.g., by a city), a government tort claim must be filed within 6 months.
✅ Summary
Tripping on broken concrete in a store’s walkway presents a solid premises liability case if:
- The hazard existed long enough to give the store actual or constructive notice,
- The store failed to repair or warn,
- The fall caused real injury, and
- There is evidence (photos, witnesses, reports) supporting the claim.
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