If you were injured in a slip and fall at a gas station in California, you may be able to file a personal injury claim under California premises liability law. Here’s a breakdown of what you need to know:
1. Legal Basis: Premises Liability
Under California law (California Civil Code § 1714), property owners — including gas station operators — have a duty to:
- Maintain their premises in a reasonably safe condition
- Inspect for hazards regularly
- Warn of or fix dangerous conditions within a reasonable time
To win a slip-and-fall case, you generally must prove:
- The gas station owed you a duty of care (e.g., you were a customer or someone lawfully on the property)
- They breached that duty (e.g., by failing to clean up a spill or mark a slippery area)
- The breach caused your fall
- You suffered damages (e.g., medical bills, lost wages, pain and suffering)
2. Common Causes of Gas Station Falls
- Spilled gasoline, oil, or other slippery substances
- Wet floors from rain, cleaning, or leaky equipment
- Uneven pavement, potholes, or poorly maintained sidewalks
- Tripping hazards like hoses or misplaced signage
3. Evidence You’ll Need
- Photos of the scene and your injuries
- Witness statements
- Surveillance footage (if available)
- Incident report (often filled out at the gas station)
- Medical records and bills
- Proof of lost income (if applicable)
4. Comparative Fault in California
California follows pure comparative negligence. Even if you were partly at fault (e.g., looking at your phone), you can still recover damages — but your compensation will be reduced by your percentage of fault.
5. Time Limit to File (Statute of Limitations)
You have 2 years from the date of the accident to file a personal injury lawsuit in California (California Code of Civil Procedure § 335.1).
6. What Damages Can You Recover?
- Medical expenses (past and future)
- Lost wages or earning capacity
- Pain and suffering
- Emotional distress
- Possible punitive damages (if gross negligence is involved)
7. Should You Hire a Lawyer?
It’s usually wise to at least consult a personal injury attorney, especially if:
- Your injuries are serious
- Liability is disputed
- You’re getting pushback from the gas station’s insurance company
Law Offices of James R. Dickinson – 909-848-8448
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