An uneven or cracked tile floor inside a restaurant in California can absolutely lead to a valid personal injury claim under the state’s premises liability laws if someone is injured as a result.
🔍 Legal Basis: Premises Liability in California
Under California Civil Code § 1714, a restaurant (or any business) must:
- Maintain their property in a reasonably safe condition;
- Repair or warn about known hazards, including flooring defects;
- Inspect the property regularly to identify and correct unsafe conditions.
If uneven or cracked tile created a tripping hazard and the restaurant knew or should have known about it, they may be legally liable for resulting injuries.
✅ Key Elements of a Valid Claim
To successfully bring a claim, the injured person must prove:
- Duty: The restaurant owed them a duty of care as a customer (invitee).
- Breach: The tile was cracked or uneven, posing a hazard.
- Notice: The restaurant had actual or constructive notice of the hazard (e.g., it had existed long enough they should have known).
- Causation: The hazardous flooring caused the injury.
- Damages: The person suffered actual harm (medical bills, lost income, pain, etc.).
⚠️ Examples of Restaurant Negligence
- Cracked or loose tiles near entrance, restrooms, or dining area.
- Failure to cordon off or fix an obviously broken area.
- No warning signs near visible floor damage.
- Not inspecting or maintaining the floor over time.
🧾 Types of Evidence That Help
- Photos or video of the cracked/uneven tile
- Witness statements (staff, customers)
- Maintenance logs or repair history
- Past complaints about the same issue
- Incident report
- Medical records linking injury to the fall
⚖️ Comparative Negligence in California
California follows pure comparative negligence, so if the injured person was partially at fault (e.g., not watching their step), any damages awarded will be reduced by their percentage of fault.
💵 Damages You Can Recover
- Medical expenses (emergency care, follow-ups, rehab)
- Lost wages or reduced earning capacity
- Pain and suffering
- Emotional distress
- Future medical costs
⏳ Statute of Limitations
- 2 years from the date of injury to file a personal injury lawsuit in California (Cal. Code Civ. Proc. § 335.1).
Law Offices of James R. Dickinson – 909-848-8448
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