If fallen ice cubes from a server station are left on the floor and cause a slip and fall injury in a California business (such as a restaurant or bar), the injured person may have a valid personal injury claim under premises liability law. This situation could be considered negligence if the property owner or business failed to address the hazard in a reasonable time frame.
⚖️ Legal Foundation: Premises Liability in California (Civil Code § 1714)
Under California Civil Code § 1714, property owners, businesses, and employees have a duty of care to maintain their premises in a reasonably safe condition and to take reasonable steps to prevent hazards, like ice or water, from causing injury. In this case, if ice cubes fall on the floor and are not cleaned up or properly marked, and someone slips and falls, the business may be liable for negligence.
✅ To Prove Liability, the Injured Person Must Show:
- Duty of Care
The business owed a duty to keep the premises safe for customers. - Breach of Duty
Ice cubes fell from the server station onto the floor, creating a slippery condition. The business either:- Failed to clean up the ice in a timely manner, or
- Failed to warn customers by placing warning signs or barriers.
- Notice
The business either:- Knew about the hazard (actual notice), or
- Should have known about the hazard (constructive notice), if the ice was on the floor for a reasonable amount of time.
- Causation
The ice on the floor caused the slip and fall, resulting in injuries. - Damages
The injured person has suffered harm (e.g., medical bills, lost wages, pain and suffering).
📌 Signs of Negligence
- Ice cubes spilled on the floor from the server station and not cleaned up immediately.
- The spill is left unaddressed long enough that the business should have known about it.
- The business does not put up wet floor signs or barriers to warn customers of the hazard.
- The business fails to maintain or inspect the area where spills are common, such as a server station.
💵 Recoverable Damages
- Medical expenses (including emergency care, follow-up visits, physical therapy)
- Lost wages or loss of future earnings
- Pain and suffering
- Emotional distress
- Future medical care (if the injury leads to long-term effects)
⚖️ California’s Comparative Fault Rule
California uses pure comparative negligence, meaning:
- If the injured person is partially at fault (e.g., distracted or not paying attention), their recovery will be reduced by their percentage of fault.
- However, they can still recover even if they are mostly at fault.
🧾 Evidence That Supports the Case
- Photos or video of the area where the ice fell and any visible ice or water on the floor
- Witness statements from customers or staff who observed the fall or the ice on the floor
- Surveillance footage (if available) that captures the incident or shows the ice on the floor
- Incident report (if the business filed one)
- Medical records linking the injury to the fall
- Maintenance or cleaning logs showing when the area was last cleaned or inspected
- Previous complaints or reports about the server station or floor area
⏳ Statute of Limitations
- In California, you generally have 2 years from the date of the injury to file a personal injury lawsuit (Cal. Civ. Proc. Code § 335.1).
Law Offices of James R. Dickinson – 909-848-8448
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