If a shopper trips over exposed electrical cords running across a hallway in a shopping mall in California, this could form the basis of a premises liability personal injury case under California law.
🔹 Legal Theory: Premises Liability (Negligence)
In California, property owners and occupiers (such as mall management, tenants, or contractors) have a legal obligation to:
- Maintain safe conditions for guests and customers.
- Inspect the premises regularly.
- Fix or warn about known or foreseeable hazards, like exposed electrical cords in a walkway.
Allowing electrical cords to run across a public hallway — without warning signs, cord covers, or barriers — is typically considered a dangerous condition and a breach of the duty of care.
🔹 Elements of a Strong Personal Injury Claim
To succeed in a personal injury lawsuit or insurance claim, the injured person must prove:
1. Duty of Care
Mall owners and those responsible for mall maintenance owe a duty to keep common areas safe for shoppers and visitors.
2. Breach of Duty
Allowing unsecured, visible electrical cords in a high-traffic hallway is likely a breach of that duty — especially if:
- There were no warning signs, barriers, or cord covers,
- The cords had been there long enough that someone should have noticed and addressed the hazard.
3. Causation
The exposed cords directly caused the trip and resulting injuries.
4. Damages
The man suffered actual harm (e.g., physical injury, medical costs, lost wages, emotional distress).
🔹 Evidence That Can Help
- Photos or video of the cords across the floor.
- Witnesses who saw the fall or can describe the conditions.
- Security camera footage (often available in malls).
- Incident reports filed with mall security or management.
- Maintenance logs or construction permits (if cords were for ongoing work).
🔹 Who Might Be Liable
- Mall owner or management company
- Tenant or store operator (if they were using the cords)
- Contractor or vendor (if work was being done in the area)
Liability can depend on who placed the cords and who had control over the area at the time.
🔹 Common Defenses
The property owner or responsible party might argue:
- The cords were open and obvious, and the injured person should have seen them.
- The area was under construction or maintenance, and barriers were ignored.
- The injured party was distracted or not using reasonable care.
However, exposed cords in a public hallway are generally considered unreasonably dangerous.
🔹 Statute of Limitations in California
- The injured person generally has 2 years from the date of the incident to file a lawsuit.
✅ What the Injured Person Should Do
- Get medical treatment and document injuries.
- Take photos of the scene, including the cords and any lack of warning signs.
- Get witness info and file an incident report with mall security.
- Consult a personal injury attorney
Law Offices of James R. Dickinson – 909-848-8448
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