PERSONAL INJURY I SLIP AND FALL I PREMISE LIABILITY – Did You Slip and Fall on a Wet or Freshly Mopped Floor?
February 03, 2020
Commercial establishments (stores, hotels, malls, restaurants, etc…) must keep their premises in a reasonably safe condition. The duties and obligations these establishments owe their customers when mopping or waxing their floors are heightened. When floors have been freshly mopped or waxed, they become unreasonably dangerous, and in the absence of adequate warnings become “slipping hazards”.
“It is now well established that California law requires landowners to maintain land in their possession and control in a reasonably safe condition.” (Ann M. v.Paciﬁc Plaza Shopping Center (1993) 6 Cal.4th 666, 674 [25 Cal.Rptr.2d 137,863 P.2d 207])
If an employee of a store, restaurant or other establishment is mopping or waxing the premise floors, they have created a dangerous condition and must negate the risk of harm by (1) warning customers of the “slip hazard” they have created, and/or (2) barricade the freshly mopped or waxed area, so that customers will not walk on the slippery floors.
“A Commercial Establishment that owns or occupies property is negligent if they fail to use reasonable care to keep the property in a reasonably safe condition. A Commercial Establishment that owns or occupies property must use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could be reasonably expected to harm others.” – CACI 1001. PREMISES LIABILITY – Basic Duty of Care
When a store or restaurant opens their doors to customers and knowingly has foot traffic on their premises, freshly mopped and waxed floors are undoubtedly slippery and unreasonably dangerous. To negate the risk of harm to their customers, and further to fulfill their obligation to keep the premises in a reasonably safe condition, employees of these establishments must be trained on necessary safety precautions and procedures. Safety precautions should include barricading the slippery areas when feasible, placing conspicuous warning signs, and even verbally warning customers to exercise caution while walking.
Relevant links discussing premise liability and slip and fall cases can be found below:
If you have any questions about your personal injury case or sustained injuries from a Slip and Fall, we invite you to call us today at 619-432-5145 for a free consultation with one of our experienced personal injury attorneys and California slip and fall lawyers.