A personal injury case involving unmarked wet areas near entrances in a California retail store is a textbook example of a premises liability claim. Slip-and-fall accidents near entrances are especially common in wet weather or due to tracked-in moisture, leaking mats, or inadequate maintenance.
Here’s how the legal analysis typically plays out:
⚖️ Legal Basis: Premises Liability Law in California
Under California Civil Code § 1714, property owners and businesses must use reasonable care to keep their premises safe for visitors. This includes:
- Inspecting entryways frequently
- Cleaning up tracked-in water
- Using non-slip mats or rugs
- Placing warning signs near wet areas
- Installing canopies, awnings, or drainage to reduce tracked-in water
Failing to do any of the above may constitute negligence.
✅ Elements You Must Prove in a Slip-and-Fall Claim
1. Duty of Care
Retail stores owe a duty to keep their premises safe for customers (business invitees).
2. Breach of Duty
The store breached this duty by:
- Allowing water to accumulate near the entrance
- Failing to place visible “Wet Floor” signs or cones
- Not maintaining non-slip mats or floor coverings
- Ignoring complaints or failing to act during rainy or wet conditions
3. Causation
The unmarked wet area caused the plaintiff to slip and fall.
4. Damages
The fall resulted in injury and actual damages (medical expenses, pain and suffering, etc.).
🧾 Evidence That Strengthens Your Case
To support your claim, gather the following:
- Photos or videos of the wet entrance and lack of signs
- Surveillance footage from the store
- Witness statements (customers or employees)
- Incident report filed with the store
- Weather records, if rain contributed to the hazard
- Medical records documenting the injury
- Maintenance logs (to show poor inspection or cleaning protocols)
🔎 Constructive Notice Requirement
You must usually prove the store knew or should have known about the hazard:
- If it was raining and water had been tracked in for more than a few minutes, courts may find the store should have known and taken action.
- If employees walked past the area without placing a warning sign or cleaning it, that supports a finding of constructive knowledge.
⚠️ Defenses Retail Stores Might Raise
The store may try to defend the case by arguing:
- The wet area had just formed, and they had no reasonable opportunity to discover or clean it.
- The plaintiff was not paying attention, or wore unsafe footwear.
- The wet area was open and obvious to a reasonable person.
- Warning signs were in place, even if not immediately visible.
🛑 Comparative Fault in California
California follows a pure comparative negligence rule:
- If you’re found partially at fault, your compensation is reduced by your percentage of fault.
- Example: If you’re 20% at fault and total damages are $50,000, you’d recover $40,000.
🗓️ Statute of Limitations
- You must file your lawsuit within 2 years from the date of the injury.
- If the property is publicly owned, you must file a government claim within 6 months.
💡 Examples of Strong Cases
You likely have a strong case if:
- It was raining and water had been accumulating for some time.
- The store failed to place any warning signs.
- Other customers noticed or slipped in the same spot.
- The entrance lacked mats, drainage, or anti-slip measures.
- You suffered a serious injury requiring medical treatment.
📋 Action Steps
- Document everything: Take photos and collect names of witnesses.
- Report the incident to store management immediately.
- Request a copy of the incident report (or take a photo of it).
- Seek medical attention and save all records and bills.
- Preserve your footwear and clothing as potential evidence.
- Contact a personal injury attorney to discuss legal strategy.
Law Offices of James R. Dickinson – 909-848-8448
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