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If condensation from an air conditioning (AC) unit leaks onto the floor and creates a slippery hazard in a business or residential property in California, it can be the basis for a personal injury claim under premises liability law, especially if the owner or business fails to address the issue and someone slips and gets injured.
⚖️ Legal Basis: Premises Liability (California Civil Code § 1714)
Under California Civil Code § 1714, property owners and businesses have a duty of care to ensure their premises are safe and free from foreseeable hazards. If condensation leaks from an AC unit onto the floor, causing a slip hazard, and the owner fails to fix or warn people about it, they may be found negligent.
✅ Elements to Prove in a Personal Injury Claim
To succeed in a premises liability case, the injured person must prove the following:
- Duty of Care
The property owner or business owed a duty to maintain the premises safely for visitors or tenants. - Breach of Duty
The AC unit leaked condensation onto the floor, creating a slippery surface, and the owner failed to clean it up or warn people about it (e.g., no wet floor sign). - Notice
The property owner either:- Knew about the leaking AC unit (actual notice), or
- Should have known about the leak (constructive notice), especially if it had been happening for a period of time.
- Causation
The leaked condensation caused the fall, and the injury resulted directly from the slip. - Damages
The injured party has suffered harm, such as medical expenses, lost wages, or pain and suffering.
📌 Common Signs of Negligence
- Leaking AC unit consistently creating water accumulation on the floor.
- Failure to repair or address the AC unit issue despite knowledge or complaints about it.
- Failure to place a warning sign or to block off the area while the floor is wet or slippery.
- Failure to inspect or maintain the AC unit, leading to the leak.
💵 Types of Damages You Can Recover
- Medical expenses (ER visits, treatment, physical therapy)
- Lost wages or future income
- Pain and suffering
- Emotional distress
- Future medical care (if the injury requires ongoing treatment)
⚖️ California’s Comparative Fault Rule
California follows the pure comparative negligence system:
- Even if the injured person is partially at fault (e.g., not paying attention), their compensation will be reduced by their percentage of fault.
- They can still recover damages, even if they were mostly at fault.
🧾 Evidence to Strengthen the Case
- Photos or video showing the wet floor and the AC unit (ideally showing the source of the condensation).
- Witness statements (staff, tenants, or other patrons who saw the leak or observed the fall).
- Incident report filed by the business or property manager.
- Surveillance footage (if available) showing the incident.
- Maintenance logs for the AC unit showing when it was last inspected or repaired.
- Medical records linking the fall to the injury.
- Previous complaints about water accumulation or AC issues.
⏳ Statute of Limitations
- In California, you generally have 2 years from the date of the injury to file a lawsuit under the statute of limitations (Cal. Civ. Proc. Code § 335.1).
Law Offices of James R. Dickinson – 909-848-8448
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