If someone slips and falls on a wet dining room floor with no warning sign in California, they may have grounds for a personal injury claim under premises liability law. Here’s a breakdown of how California law views such cases:
1. Premises Liability in California
Under California Civil Code § 1714, property owners and occupiers (like restaurants or homeowners) have a duty of care to maintain their premises in a reasonably safe condition. That includes:
- Cleaning up spills promptly.
- Placing visible warning signs (like “Wet Floor”) if a hazard is present.
- Inspecting the premises regularly.
2. Key Elements to Prove in a Case
To succeed in a personal injury claim, the injured person (plaintiff) must prove:
- Duty of care: The property owner owed a duty to keep the area safe.
- Breach of duty: There was a dangerous condition (e.g., a wet floor with no warning).
- Causation: The dangerous condition directly caused the injury.
- Damages: The plaintiff suffered actual harm (e.g., medical bills, lost wages, pain).
3. Comparative Negligence
California follows pure comparative negligence (Civil Code § 1431.2), meaning:
- If the injured person was partly at fault (e.g., texting while walking), their compensation may be reduced proportionally.
- Even if the plaintiff is 90% at fault, they can still recover 10% of the damages.
4. Types of Damages
Recoverable damages can include:
- Medical expenses (current and future)
- Lost income
- Pain and suffering
- Emotional distress
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