If a beverage is spilled and not cleaned up promptly, leading to a slip and fall injury in California, the injured person may have a valid personal injury claim under premises liability law. These cases commonly occur in restaurants, grocery stores, coffee shops, or other public venues.
🔍 Legal Overview: Premises Liability in California
Under California Civil Code § 1714, property owners and occupiers (like store managers or business operators) have a duty to keep their premises reasonably safe for lawful visitors. Failing to clean up a spill in a reasonable amount of time—or to post a warning sign—may constitute negligence.
âś… Elements of a Strong Personal Injury Claim
To succeed, the injured party must prove:
- Duty of Care
The business owed a legal duty to maintain a safe environment for customers. - Breach of Duty
The spill was left unattended or not cleaned up in a timely or reasonable manner. - Notice
The business either:- Knew about the spill (actual notice), or
- Should have known if they were exercising reasonable care (constructive notice).
- Causation
The hazardous condition (the beverage spill) directly caused the slip and injuries. - Damages
The person suffered measurable harm—medical costs, lost wages, pain and suffering.
đź“Ś Example of Negligence
Let’s say a customer drops a soda in a grocery store aisle. If employees are notified or walk past it without cleaning it up or posting a warning sign, and another customer slips 10 minutes later, the store could be held liable—especially if it had enough time to address the hazard.
⚖️ Comparative Fault (California Rule)
California uses pure comparative negligence, so:
- If the injured person was partly at fault (e.g., distracted or wearing slippery shoes), their compensation is reduced by their percentage of fault.
- However, they can still recover damages even if they were mostly at fault.
đź’° Recoverable Damages
- Medical bills (current and future)
- Lost income or ability to work
- Pain and suffering
- Emotional distress
- Out-of-pocket costs (e.g., medications, transportation)
đź•’ Statute of Limitations
- 2 years from the date of the injury to file a lawsuit in California (Cal. Civ. Proc. Code § 335.1).
đź“‚ Helpful Evidence
- Photos/video of the spill or the scene
- Witness statements (employees or other customers)
- Surveillance footage (if available)
- Incident report (if filled out)
- Medical documentation of the injury
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].