2807 Castro Valley Boulevard Castro Valley, California 94546
Tel: (510) 537-3388 Fax: (510) 889-1114
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Stores liabilities for slip
and fall
2807 Castro Valley Boulevard Castro Valley, California 94546 Tel: (510) 537-3388 Fax: (510) 889-1114 |
Dear Mr. Duman:
My aunt recently slipped and fell, while shopping at a local "discount club" store. It seems that someone had left a puddle of slippery liquid on the floor unattended in one of the aisles.
Although her injuries were not too severe, I believe that the store itself should bear some responsibility, and I am trying to encourage her to submit a claim.
What do you think?
G.S., Dublin
Dear G.S.:
California Civil Code, Section 1714 expressly provides that "Everyone is responsible...for an injury occasioned to another by his want of ordinary care or skill in the management of his property. . . except so far as the latter has, willfully or by want of ordinary care, brought the injury on himself".
Commercial establishments are definitely included within the meaning of "Everyone" under CC §1714, particularly with regard to injuries resulting from the "want of ordinary care or skill in the management of" the establishment’s property.
Liability in these kinds of cases depends upon the extent to which the property’s owner could or should have foreseen the injurious condition. When the condition and/or injuries are deemed to have been reasonably foreseeable, the owner may be found to have acted without reasonable care in the management of his/her property.
For the store to have liability, it will be necessary to show that the store had not taken reasonable steps to maintain the floors in a safe condition. If the spill was caused by a third party immediately before your aunt slipped, and the store did not have a reasonable time to find the spill and to clean it, it may be that the store does not have liability.
With regard to commercial establishments, the owner’s duty of care toward customers or patrons clearly extends to injuries which occur during the business’ regular hours of operation and/or which occur within those areas of the premises in which said customers/patrons are invited or induced to go. When an injury occurs after hours and/or as a result of the injured party’s non-permissive presence on the premises (or a clearly restricted portion thereof), the owner’s liability may be limited.
When the owner’s liability is proven, the injured party may be entitled to compensation for his/her medical expenses, pain and suffering, lost wages and/or loss of enjoyment. If the guilty owner's conduct is deemed to have stemmed from a willful/wanton disregard for the safety of customers, punitive damages may also be awarded.
Certain other factors can limit a property owner’s liability for injuries sustained on the property, such as where the injured party's own negligence also contributes to the injuries sustained. Conversely, the age of the injured party (i.e. if a young child or elderly person) can also be considered, in determining the extent to which he/she should be held to have understood any warnings and/or evidence of hazard.
Our readers should be aware that a “statute of limitation“ of one year from the date of the accident, generally, applies to personal injury claims. That means that a law suit must be filed within that period of time or the injured party will be forever barred from asserting the claim.
Our readers having questions regarding personal injury and liability should promptly consult with their lawyer for specific guidance and counsel.
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