An unmarked step down between different floor levels in a California property—especially in a public place like a restaurant, store, or apartment complex—can be grounds for a premises liability personal injury claim if someone trips, falls, and is injured.
⚖️ Legal Basis: California Premises Liability (Civil Code § 1714)
Property owners and managers have a duty of care to maintain their premises in a reasonably safe condition and to warn of dangerous conditions that may not be obvious. An unmarked step down—especially if it’s unexpected or poorly lit—is a known trip hazard, and failing to mark it may be considered negligence.
✅ Elements Required to Prove Liability
The injured person must prove the following:
- Duty of Care
The property owner or occupier owed a duty to provide a safe environment for visitors or customers. - Breach of Duty
The step down between floor levels was not marked or made visible (e.g., no sign, paint strip, lighting, or warning), making it unreasonably dangerous. - Notice
The property owner knew or should have known about the step and its potential to cause injury. - Causation
The unmarked step caused the person to trip or misstep and suffer injury. - Damages
The fall caused actual harm—e.g., medical expenses, lost wages, pain and suffering.
📌 Common Signs of Negligence
- Step down not marked with contrasting color or signage.
- No lighting or visual cues to indicate a floor level change.
- Transition area violates building code or ADA (Americans with Disabilities Act) guidelines.
- Property owner failed to inspect or correct a known hazard.
🧾 Evidence That Strengthens the Case
- Photos of the unmarked step and lack of signage
- Measurements showing height of step (even small differences can be dangerous)
- Surveillance footage (if in a public location)
- Witness statements
- Incident report
- Medical records documenting injuries
- Any past complaints about the area
⚖️ California’s Comparative Fault Rule
California uses pure comparative negligence, meaning:
- If the injured party is partly at fault (e.g., not watching their step), their compensation is reduced by their percentage of fault.
- But they can still recover damages even if mostly at fault.
💵 Damages You May Recover
- Medical bills
- Future medical care or physical therapy
- Lost wages
- Pain and suffering
- Emotional distress
⏳ Statute of Limitations
- You generally have 2 years from the date of injury to file a lawsuit (Cal. Civ. Proc. Code § 335.1).
Law Offices of James R. Dickinson – 909-848-8448
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