If a customer slips and is injured due to grease tracked from a kitchen into a customer area in California, they may have a valid personal injury claim under the state’s premises liability laws. This kind of hazard is both foreseeable and preventable, which makes the property or business owner potentially liable for any resulting injuries.
🔎 Legal Basis: Premises Liability in California
Under California Civil Code § 1714, a property owner or occupier (like a restaurant) has a duty of care to:
- Keep their premises reasonably safe for customers (invitees).
- Inspect regularly for hazards.
- Fix or warn about dangerous conditions, including those created by their own staff or operations.
Grease tracked from the kitchen is a condition that the business knows or should know about — especially if it occurs frequently.
✅ What a Plaintiff Must Prove
To succeed in a lawsuit or insurance claim, the injured person must prove:
- Duty: The business owed them a duty to provide safe premises.
- Breach: Grease was allowed to be tracked into the customer area, making the floor unreasonably slippery.
- Notice: The business either knew about the grease or it existed long enough that they should have known and cleaned it up.
- Causation: The slippery condition caused the fall and injuries.
- Damages: The fall led to medical bills, pain, time off work, etc.
📌 Examples of Negligence in This Context
- No floor mats or absorbent surfaces between the kitchen and customer area.
- Employees walking back and forth without proper footwear or cleanup.
- Failing to inspect and clean high-traffic areas during peak hours.
- No warning signs or cones after noticing the greasy area.
💵 Types of Recoverable Damages
- Medical expenses (emergency treatment, follow-ups, physical therapy)
- Lost wages or reduced earning ability
- Pain and suffering
- Emotional distress
- Future medical care
- Possibly punitive damages (if gross negligence is shown)
🧾 Evidence That Strengthens the Case
- Surveillance video showing the fall or grease trail
- Photos of the area showing grease or lack of warning signs
- Witness statements (including employees)
- Cleaning logs or maintenance schedules (or lack thereof)
- Prior complaints or similar incidents
⏳ Statute of Limitations in California
- 2 years from the date of the injury to file a personal injury lawsuit (California Code of Civil Procedure § 335.1).
Law Offices of James R. Dickinson – 909-848-8448
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