In a California personal injury case involving loose floor tiles, a retail store can be held liable under premises liability law if a customer is injured due to the dangerous flooring condition. Loose tiles can shift underfoot, creating trip-and-fall or slip-and-fall hazards that are especially dangerous in high-traffic areas like store entrances, aisles, and restrooms.
⚖️ California Law: Civil Code § 1714
Under California Civil Code § 1714, property owners and occupiers—including retail stores—must exercise reasonable care to maintain their premises in a safe condition. This includes:
- Inspecting walkways regularly
- Repairing loose or unstable tiles
- Providing warnings or barriers when hazardous flooring exists
If a store fails to do this and someone is injured, the store may be negligent and financially responsible.
✅ Legal Elements of a Loose Floor Tile Injury Claim
To win a personal injury lawsuit or claim, you must prove:
1. Duty of Care
The store had a duty to keep flooring safe. This includes:
- Ensuring tiles are secured
- Conducting routine inspections
- Fixing hazards promptly
- Providing adequate warning signs or blocking access when necessary
2. Breach of Duty
The duty is breached when the store:
- Fails to fix or secure known loose tiles
- Does not warn customers of the hazard
- Ignores prior reports or complaints
- Allows the hazard to remain in a customer walkway
3. Causation
You must show the loose tile directly caused your injury:
- Your foot slipped on a tile that moved underfoot
- You tripped because the tile stuck up or wobbled
4. Damages
You must prove you suffered compensable harm, such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Long-term or permanent injuries
🔍 Evidence That Can Strengthen Your Case
📸 Photos and Videos
- Show the condition of the loose tile
- Document the lack of signage or barriers
📝 Incident Report
- Ask store management for the official incident report
👥 Witness Statements
- Anyone who saw the fall or the unsafe condition can support your version of events
🎥 Surveillance Footage
- Request footage from store security cameras (many stores retain it for only a short period)
🧾 Maintenance and Inspection Logs
- May show that the store failed to inspect or was aware of the hazard
🏥 Medical Records
- Document your injuries, treatments, and impact on your life
🛡️ Common Defenses Retailers May Use
❌ “Open and Obvious Hazard”
The store may argue the condition was clearly visible and you should have avoided it. This defense is weak if:
- The tile was in a normal walking path
- The lighting or distraction made the hazard less visible
❌ “Lack of Notice”
The store might claim it didn’t know the tile was loose. But if:
- The condition existed for a long time
- Other customers or employees had complained
… the store can still be liable under a “constructive notice” theory (i.e., they should have known).
❌ Comparative Fault
If you were partially at fault (e.g., not watching where you were going), your damages may be reduced. California follows pure comparative negligence, which means your compensation is reduced by your percentage of fault.
Example:
- Total damages: $80,000
- You’re 25% at fault → You recover $60,000
🗓️ California Statute of Limitations
- 2 years from the date of injury to file a lawsuit
💡 Signs You May Have a Strong Case
You likely have a strong claim if:
- The loose tile was in a main walkway
- The hazard had been there for some time
- The store had no warning signs
- Your injuries were documented and significant
- The store had prior notice or failed to inspect the area
📋 What to Do After a Fall from a Loose Tile
- Report the incident to store management
- Take photos or videos of the loose tile and area
- Get medical attention
- Request surveillance footage (ask immediately—footage can be overwritten)
- Collect contact info from witnesses
- Consult a personal injury attorney.
Law Offices of James R. Dickinson – 909-848-8448
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