If you slipped and fell on a wet floor in a store in California and are considering a personal injury case, here are the key legal elements and steps to consider:
1. Legal Basis: Premises Liability
California law holds property owners and businesses responsible for maintaining reasonably safe conditions. Under premises liability, you must prove:
- Duty of care: The store owed you a duty to keep the premises safe.
- Breach: The store breached that duty (e.g., failed to clean a spill or put up a warning sign).
- Causation: The breach directly caused your slip and fall.
- Damages: You suffered harm (e.g., physical injury, medical expenses, lost wages).
2. Key Factors Courts Consider
- Was the store aware (or should it have been aware) of the wet floor?
- How long was the floor wet?
- Were warning signs posted?
- Was the spill foreseeable?
3. Evidence to Collect
- Photos of the scene (wet floor, lack of signage)
- Surveillance video (if available)
- Incident report (file one with the store)
- Witness statements
- Medical records
- Receipts showing you were legally on the property (customer status matters)
4. Comparative Negligence
California follows pure comparative negligence. If you were partially at fault (e.g., texting while walking), your compensation may be reduced proportionally (e.g., 20% at fault = 80% of damages recoverable).
5. Time Limit – Statute of Limitations
You generally have 2 years from the date of the incident to file a personal injury lawsuit in California.
6. Potential Damages
- Medical expenses (past and future)
- Lost wages
- Pain and suffering
- Loss of earning capacity
- Punitive damages (rare in slip and fall unless gross negligence)
7. What to Do Next
- Seek medical treatment immediately.
- Document everything.
- Avoid giving recorded statements to insurers without legal advice.
- Consider speaking with a personal injury attorney experienced in California premises liability.
Law Offices of James R. Dickinson – 909-848-8448
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