If your injury was caused by spilled food or drink in a California store, restaurant, or similar public place, it likely falls under premises liability law—specifically a slip and fall claim. California law holds property owners and occupiers (like stores or restaurants) responsible for maintaining reasonably safe conditions.
🔑 Legal Basis for a Claim
To win a personal injury case, you’ll need to prove negligence. That means showing:
- The store owed you a duty of care as a customer (they did).
- They breached that duty by failing to clean up the spill or warn about it.
- The spill caused your injury (direct link).
- You suffered damages (like medical bills, lost work, or pain).
🍹 What Makes the Store Liable for a Spilled Drink or Food?
Liability depends on:
- How long the spill was there: Did employees have a reasonable opportunity to clean it up?
- Store procedures: Were regular inspections happening?
- Notice: Did they know about the spill or should they have known? This is called constructive notice.
- Failure to warn: No “Wet Floor” sign or cordoning off the area.
💡 Example: If a customer drops a soda and it sits there for 30 minutes without being cleaned, and no warning sign is put up, the store may be liable if you slip.
📑 What Evidence Helps Your Case?
- Photos of the spill or absence of warning signs.
- Witnesses who saw the spill or your fall.
- Surveillance footage (important to request ASAP).
- Store incident reports.
- Employee statements (if available).
- Medical records showing your injury.
💵 Damages You May Recover
- Emergency care, doctor visits, surgery, rehab
- Lost income if you missed work
- Pain and suffering
- Future medical costs
- Permanent disability or disfigurement (if applicable)
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].