If you were injured due to unmarked wet paint in California—for example, slipping or falling in a freshly painted area with no warnings—you may have grounds for a personal injury claim under premises liability law, depending on the circumstances.
🎨 Unmarked Wet Paint Areas – California Personal Injury Case Overview
🔹 1. Can You Sue?
Yes, if a property owner, contractor, or business failed to warn or protect visitors from a hazardous condition (like wet, slippery paint), they may be legally liable for injuries.
🔹 2. What You Must Prove
To win a case, you’ll need to show:
- Dangerous Condition
- Wet paint created a slippery, sticky, or unstable surface (e.g., on walkways, stairs, ramps).
- Failure to Warn or Protect
- No cones, signs, barriers, or other warnings were posted.
- The hazard was not obvious or was unexpected (e.g., in a public entryway or hallway).
- Notice
- The person or company responsible knew or should have known the area was wet and hazardous.
- Causation & Injury
- You were injured because of the unmarked wet paint (e.g., slipping, tripping, skin reactions, property damage).
🔹 3. Who Might Be Liable
- Business owner (if incident occurred on their premises)
- Property owner or landlord (for common areas)
- Painting contractor or maintenance company
- Government entity, if on public property (city hall, school, etc.)
⚠️ If it’s public property, you must file a government claim within 6 months.
🔹 4. Common Injury Scenarios
- Slipping on wet paint in a hallway or ramp
- Tripping due to uneven drying or painting tools left out
- Skin or clothing damage from unmarked wet benches or floors
- No warning signs after painting stairwells, sidewalks, or door thresholds
🔹 5. Helpful Evidence
- Photos/video of the unmarked painted area
- No visible warning signs or barriers
- Witnesses who can confirm there were no signs or who saw your fall
- Incident report (filed with business or property owner)
- Medical records showing injury (e.g., sprain, fracture, head injury)
🔹 6. Damages You May Be Entitled To
- Medical costs (emergency, physical therapy, etc.)
- Lost income
- Pain and suffering
- Long-term disability or disfigurement (if severe)
- Clothing/property damage (if applicable)
🕒 Statute of Limitations
- Private property: 2 years from the date of injury
- Government/public property: Must file a claim within 6 months
✅ Example:
You walk through a shopping center hallway recently painted with no signs or cones. The floor is slick from the paint, and you slip and injure your hip. The business had time to place warnings but didn’t. This is likely a valid premises liability claim.
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”]].