A recently mopped bathroom floor left unattended — especially if no warning signs were posted — can make a strong premises liability case in California if someone slips and is injured. Here’s how California law applies:
📌 Legal Framework: Premises Liability
Under California Civil Code § 1714, property owners and occupiers (e.g. stores, restaurants, offices, landlords) are legally responsible for maintaining reasonably safe conditions on their premises.
Leaving a wet bathroom floor unattended after mopping without a warning sign is typically considered negligence, especially in areas where wet floors are foreseeable hazards (like restrooms).
✅ What You Must Prove (Legal Elements)
To win or settle a personal injury claim, the injured party must prove:
- Duty of Care
The defendant (property owner, business, etc.) owed a duty to maintain safe premises for lawful visitors. - Breach of Duty
The bathroom floor was recently mopped, left wet, and unattended without a clear warning (e.g., a sign) — failing in their duty. - Causation
That breach directly caused the fall and injuries. - Damages
You suffered actual harm: medical bills, pain, lost wages, etc.
🧯 Comparative Negligence
California follows pure comparative negligence, meaning:
- If the injured person is partially at fault (e.g., distracted, running), their compensation is reduced by their % of fault.
- But they can still recover damages even if they’re mostly at fault.
💰 Recoverable Damages
You may be entitled to:
- Medical expenses (past and future)
- Lost wages
- Pain and suffering
- Emotional distress
- Possible punitive damages (if conduct was especially reckless)
🕒 Statute of Limitations
- 2 years to file a personal injury lawsuit in California from the date of injury (Cal. Code Civ. Proc. § 335.1).
📂 Recommended Evidence
- Photos/video of the scene (especially if no warning sign was present)
- Witness statements
- Incident reports (if in a commercial building)
- Surveillance footage
- Medical records linking the injury to the fall
Law Offices of James R. Dickinson – 909-848-8448
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