In a California personal injury case involving unsecured rugs or mats in a retail store, the store may be legally liable for injuries resulting from a trip-and-fall or slip-and-fall accident under premises liability law. Retailers have a duty to ensure that floor coverings such as rugs and mats are properly secured and do not pose a hazard to customers.
⚖️ California Premises Liability (Civil Code § 1714)
Under California Civil Code § 1714, business owners are required to maintain their property in a reasonably safe condition for patrons. Unsecured rugs or mats that shift, curl, or bunch up can present foreseeable hazards, especially in high-traffic areas like entrances, exits, checkout lanes, or restrooms.
✅ Legal Elements of a Personal Injury Claim
To bring a successful premises liability claim for injuries caused by an unsecured rug or mat, you must prove:
1. Duty of Care
The store had a duty to:
- Keep floor coverings secure and flat
- Inspect walkways regularly for hazards
- Use non-slip backing or mat tape to prevent sliding
2. Breach of Duty
The store breaches its duty if it:
- Uses mats or rugs that easily slide or curl up
- Fails to secure mats with anti-slip backing or adhesives
- Ignores complaints or fails to inspect the area
3. Causation
You must show that the unsecured rug or mat was the direct cause of your injury—e.g., your foot caught on a corner that was curled up, or you slipped when the mat moved beneath you.
4. Damages
You must prove you suffered actual harm:
- Medical bills
- Lost income
- Pain and suffering
- Permanent injuries or disability
🔍 Evidence That Strengthens Your Case
📸 1. Photos or Videos
- Show the condition of the mat (e.g., bunched up, curled edges, sliding, no anti-slip features)
- Document the lack of signage or barriers
📝 2. Incident Report
- Request and keep a copy of the store’s internal report—this may admit the mat was in poor condition or previously known to be problematic
👥 3. Witness Statements
- Anyone who saw the fall, the condition of the mat, or previous problems with it can provide key testimony
🎥 4. Surveillance Footage
- Stores often have video cameras in key areas—request footage showing the accident or the condition of the mat beforehand
🧾 5. Maintenance Records
- May reveal the store failed to inspect or address the mat, or had prior complaints about slipping or tripping
🏥 6. Medical Documentation
- Include records of treatment, diagnosis, and prognosis to establish the seriousness of your injuries
🛡️ Potential Defenses Retailers May Use
❌ “Open and Obvious Condition”
The store may argue the rug was clearly visible and avoidable. However, this defense often fails if the hazard was in an area customers are naturally expected to walk, or the mat shifted unexpectedly.
❌ “Temporary Condition”
They may claim the rug had just moved and they didn’t have time to fix it. But stores must regularly inspect for safety hazards and secure rugs properly at all times.
❌ “Comparative Fault”
The store may argue you weren’t watching where you were going or were distracted (e.g., looking at your phone). Under California’s pure comparative negligence rule, your damages are reduced by your percentage of fault.
Example:
- Your damages: $100,000
- You are found 30% at fault
- You recover $70,000
🗓️ Statute of Limitations in California
- 2 years from the date of injury to file a personal injury lawsuit
- 6 months if the store is owned by a government entity (e.g., a post office retail facility)
💡 Strong Case Indicators
You may have a strong case if:
- The rug or mat was not properly secured
- The store had no signage or barriers
- It was in a high-traffic area (entrance, checkout, restroom)
- You suffered moderate or serious injuries
- Store employees were aware of prior incidents or complaints
📋 Steps to Take After the Incident
- Report the incident to store management and get a copy of the incident report
- Take photos/videos of the rug/mat and the area
- Seek medical attention and keep all documentation
- Get contact info of any witnesses
- Request video footage quickly (it may be deleted in days)
- Speak to a personal injury attorney.
Law Offices of James R. Dickinson – 909-848-8448
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