A sink leak that creates a puddle under a counter—and results in someone slipping and getting injured—can absolutely give rise to a premises liability claim in California, particularly if the property owner or manager knew or should have known about the leak and failed to address it.
⚖️ Legal Framework: Premises Liability in California
Under California Civil Code §1714, those who own, lease, occupy, or control property must use reasonable care to keep the premises safe. A sink leak causing a wet floor in an area where people walk can be a foreseeable hazard, especially in public or commercial settings.
🧱 Key Legal Elements a Plaintiff Must Prove:
- Control of the premises by the defendant.
- Defendant was negligent in the use or maintenance of the property (i.e., failed to fix or warn about the leak).
- Plaintiff suffered actual harm (e.g., injuries from a slip-and-fall).
- The negligence was a substantial factor in causing the injury.
🕒 Central Question: How Long Had the Leak Existed?
The case often hinges on notice:
- Actual notice: Did the owner or staff know about the leak or puddle?
- Constructive notice: Had the leak been there long enough that a reasonable inspection would have discovered it?
For example: If an employee saw the puddle an hour earlier and did nothing, that’s actual notice. If the area hadn’t been checked in hours, constructive notice may be established.
🔎 Common Settings Where These Cases Arise:
- Restaurants or cafes: Leaking handwashing sink under a service counter.
- Retail stores: Public restroom or breakroom sink leak seeps into walking area.
- Apartment buildings: Tenant or guest injured near a leaking utility sink.
- Workplaces: Office or kitchen sink with long-standing plumbing issue.
🧾 Strong Evidence Might Include:
- Surveillance footage showing the leak or puddle before the fall.
- Maintenance logs or repair requests showing prior notice.
- Photos of the area showing water buildup or mold indicating long-term leaking.
- Witness statements (e.g., coworkers, customers, or tenants).
- Lack of “wet floor” signage or routine inspections.
🧯 Owner’s Responsibilities Include:
- Timely repairing leaks or plumbing issues.
- Inspecting commonly used areas like breakrooms or restrooms regularly.
- Placing signs or blocking access to slippery areas temporarily.
❗ Common Defenses:
- No prior knowledge of the leak.
- The hazard appeared too recently to address it.
- The plaintiff was not paying attention or engaged in risky behavior (e.g., running, improper footwear).
- Comparative negligence applies: The injured person bears some responsibility, reducing damages.
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