In a California personal injury case involving exposed electrical cords in a retail store, the store may be legally liable for injuries caused by the cords under premises liability law. Electrical cords that are stretched across walkways, not secured, or not properly marked create a tripping hazard and potentially a shock/electrocution risk, both of which stores have a duty to prevent.
⚖️ California Premises Liability Law (Civil Code § 1714)
Under California Civil Code § 1714, store owners and occupiers owe a duty of care to customers to maintain the premises in a reasonably safe condition. This includes:
- Regular inspections for hazards like loose or exposed cords
- Promptly addressing tripping or electrical hazards
- Warning customers or blocking off dangerous areas
✅ To Prove a Valid Personal Injury Claim, You Must Show:
1. Duty of Care
The retail store had a responsibility to maintain a safe shopping environment. That includes securing electrical cords or preventing them from crossing high-traffic areas.
2. Breach of Duty
The store breached that duty if it:
- Left electrical cords exposed, especially in customer walkways
- Failed to secure cords with tape, covers, or cord protectors
- Did not post warning signs or barriers around the hazard
- Knew or should have known the cords posed a danger and did nothing
3. Causation
The exposed electrical cord must have directly caused your injury—for example:
- You tripped and fell over a cord that was not properly secured
- You were shocked by an exposed wire from a damaged or frayed cord
4. Damages
You must prove the injury resulted in measurable harm, such as:
- Medical bills (ER visits, surgery, therapy)
- Lost wages due to inability to work
- Pain and suffering
- Permanent disability or scarring
🔍 Types of Evidence That Strengthen Your Case
🔹 1. Photos/Videos of the Scene
- Capture the cord location, especially if it’s stretched across a walkway or not secured
- Include the absence of warning signs or barricades
🔹 2. Incident Report
- If the store created a report after your fall or injury, obtain a copy
🔹 3. Witness Statements
- Other customers or employees who saw the exposed cord or your fall/injury
🔹 4. Surveillance Footage
- Retail stores usually have cameras—request footage that captures the hazard and the incident
🔹 5. Maintenance/Inspection Logs
- May show the store knew about the cord and failed to fix it
🔹 6. Medical Records
- Document injuries sustained, treatment received, and prognosis
🛡️ Common Defenses the Store May Raise
⚠️ “Open and Obvious Hazard”
The store might argue the electrical cord was visible, and you should have avoided it. But if the cord blended into the floor or wasn’t marked, this defense weakens.
⚠️ “Lack of Notice”
The store may claim it didn’t have time to discover and fix the issue. But they can be liable if:
- The hazard was foreseeable
- They failed regular inspections
⚠️ “Comparative Negligence”
California uses pure comparative fault, so if you’re partly at fault (e.g., distracted or not watching where you were walking), your compensation may be reduced proportionally.
Example:
- Total damages: $80,000
- You’re 25% at fault
- You’d recover: $60,000
🗓️ Statute of Limitations
- 2 years from the date of the injury to file a personal injury lawsuit in California
💡 You Likely Have a Strong Case If:
- The cord was in a walkway, unsecured, and unmarked
- The store had previous knowledge of the hazard
- There were no warning signs or protective cord covers
- You suffered significant injuries (fractures, head trauma, electrocution)
- The area was understaffed or poorly inspected
📋 What to Do After the Incident
- Report it to store management and request an incident report
- Take pictures of the exposed cord and surrounding area
- Get witness info if anyone saw the accident
- Seek medical care immediately and save all records
- Request security footage as soon as possible
- Contact a personal injury attorney.
Law Offices of James R. Dickinson – 909-848-8448
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