A curled floor mat—especially if it creates a trip hazard near entrances, dining areas, or service counters—can absolutely be the basis for a personal injury claim in California under premises liability law, if it causes someone to trip and get injured.
⚖️ Legal Foundation: California Premises Liability (Civil Code § 1714)
In California, property owners and occupiers (like restaurants, stores, landlords, etc.) have a duty of care to:
- Keep their premises reasonably safe;
- Regularly inspect for hazards (including floor mats);
- Fix, remove, or clearly warn of dangers they know about or should know about.
If a floor mat is curled at the edges and no action is taken to correct or warn about it, the property owner may be found negligent.
✅ What the Injured Person Must Prove
To succeed in a claim or lawsuit, the injured person must show:
- Duty of Care – The business owed a duty to maintain safe walking conditions.
- Breach – The curled mat presented a known or reasonably foreseeable tripping hazard.
- Notice – The property owner had:
- Actual notice (they were aware of the curled mat), or
- Constructive notice (it existed long enough that they should have known through reasonable inspection).
- Causation – The trip caused the injuries.
- Damages – The person suffered real harm (e.g., medical bills, lost income, pain and suffering).
📌 Common Situations That Show Negligence
- Entry mats that curl up from age, moisture, or improper placement.
- Mats not secured with anti-slip backing or tape.
- High-traffic areas where the hazard should have been noticed and addressed.
- Repeated complaints or prior incidents involving the mat.
💰 Types of Damages You Can Recover
- Medical expenses (including ER visits, imaging, physical therapy)
- Lost wages or reduced earning ability
- Pain and suffering
- Emotional distress
- Future medical needs
⚖️ California’s Comparative Negligence Rule
Even if the injured person was partially at fault (e.g., walking distracted), California’s pure comparative fault system allows them to recover damages, reduced by their percentage of fault.
🧾 Key Evidence to Gather
- Photos of the curled mat and surrounding area
- Incident report (if at a business)
- Surveillance footage (if available)
- Witness statements
- Medical records linking injuries to the fall
- Prior complaints or maintenance records
⏳ Statute of Limitations
- 2 years from the date of injury to file a personal injury lawsuit in California (Cal. Civ. Proc. Code § 335.1).
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”]].