In a California personal injury case involving uneven thresholds between sections of a retail store (such as raised transitions between tile and carpet, or a bump between rooms), the store may be liable under premises liability law if the uneven surface causes someone to trip and fall or otherwise get injured.
⚖️ California Premises Liability (Civil Code § 1714)
Under California Civil Code § 1714, store owners and operators must exercise reasonable care to keep their premises safe. That includes:
- Ensuring floor transitions are smooth and level
- Using transition strips or ramps when needed
- Marking uneven thresholds clearly
- Fixing known hazards in a timely manner
Failing to do so can result in legal liability for any resulting injuries.
✅ Legal Elements You Must Prove
To succeed in a personal injury claim based on an uneven threshold, you must establish:
1. Duty of Care
The store has a duty to maintain reasonably safe flooring, including:
- Making floor level changes flush or gradual
- Using safe, ADA-compliant transitions
- Posting warnings or using contrasting colors for visibility
2. Breach of Duty
The duty is breached if:
- A transition between floors is too abrupt or not up to code
- The store failed to mark or repair a known uneven threshold
- The condition has existed long enough that the store should have known
3. Causation
You must show that the uneven threshold directly caused your injury, such as:
- Tripping over a lip where tile meets wood or concrete
- Catching your toe on a raised metal strip
- Losing balance while crossing a poorly designed transition area
4. Damages
You must have suffered measurable harm:
- Medical bills or hospitalization
- Lost wages
- Pain and suffering
- Long-term disability or rehab
🔍 Key Evidence to Strengthen Your Case
📸 Photos or Videos
- Show the uneven threshold, its height difference, and whether it was marked or unmarked
- Measure the rise/drop (even ½ inch can be a hazard if unmarked)
📝 Incident Report
- File and request the store’s incident report detailing the injury
👥 Witness Statements
- Others may have seen you fall or can verify the hazardous condition
🎥 Surveillance Footage
- Stores often have cameras—request footage before it’s deleted
🧾 Maintenance Records
- Logs or repair requests may show the store knew about the problem
📐 Expert Testimony
- Building code experts or engineers can testify whether the threshold violated ADA or local safety codes
🛡️ Defenses the Store May Use
❌ “Open and Obvious”
The store may argue the uneven surface was visible and avoidable. This defense fails if:
- The threshold blended with the floor color
- It was in an area where customers’ attention is typically diverted (e.g., reading labels or signs)
❌ “Lack of Notice”
They might claim they were unaware of the hazard. But they are still liable if:
- The issue existed long enough that they should have known through reasonable inspections
❌ Comparative Fault
California uses pure comparative negligence, so if you were partially at fault, your compensation is reduced by your percentage of fault.
Example:
- Total damages: $100,000
- You are 30% at fault
- Your recovery: $70,000
🗓️ Statute of Limitations in California
- 2 years from the date of injury to file a personal injury lawsuit
💡 Signs You Have a Strong Case
You likely have a valid claim if:
- The threshold caused a visible elevation difference without warning
- The store knew about the defect but failed to repair or mark it
- The threshold violated ADA or building codes
- You suffered serious injuries, and the fall was well-documented
📋 What to Do After the Incident
- Report the injury to store management and ask for a copy of the incident report
- Photograph the threshold, your injuries, and the surrounding area
- Get medical treatment and keep all documentation
- Request surveillance footage ASAP
- Collect witness contact info
- Consult a personal injury attorney
Law Offices of James R. Dickinson – 909-848-8448
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