Spills happen. It's when they happen in stores and businesses that the owner could become liable if someone slips or falls and becomes injured. The victim has a right to compensation in California when the recklessness of the business owner is to blame for the resulting condition. The broader term for this is known as the law of "premises liability," and it is recognized all over the country, as well as in the state of California.
As a rule, the owner of a business (or the manager) is made responsible for a dangerous element on the premises of the business if they negate to warn customers or to relieve the condition. It is presumed that they should be aware of the condition due to regular inspection and reprehended even if unaware of this condition. The law regards this knowledge as being vital to imposing accountability, and the "notice" may be actual or constructive. If the owner generates a dangerous situation directly, then he is assumed to have "actual notice" of the hazard from its inception. For example, the retailer is ordinarily held accountable for all ensuing damage when he installs a handicap access ramp that is not in compliance with the Uniform Building Code and an accident occurs.
It is presumed that the retailer knew that the ramp was not in compliance with the law and the need to collect evidence is not of issue. The company and employees may be responsible for the dangerous condition even if they didn't directly generate the condition; this means "constructive notice" of the hazard had occurred. Constructive notice is when the condition has existed for enough time that the condition should have been discovered upon ordinary inspection. If a liquid is allowed to stay on the floor for a long period of time, then the owner of the property is at fault. The condition of the spill is usually indicative of how long the danger has been present. For example, it is likely that enough time has passed to impose constructive notice when a spilled liquid is partly dried, imprinted with footprints or tracks, or was witnessed well before an accident occurred.
By not responding quickly to the spill, the property owner is usually held liable. Failing to alert patrons to a danger that may be avoidable is, perhaps, one of the most commonly made mistakes by a business operator. There are businesses that are dangerous in the first place, and warning signs should be put up in visible locations to insure that the employees and other persons who visit the premises are aware of it. Some dangerous chemicals are spilled or used on a regular basis at some businesses, and that business is not only obligated to fix the situation but should also post warnings before a situation occurs. One such situation would be if there were any areas of a pool deck that often had water on them and could be a slipping hazard.
The manager of the pool must let the swimmers be aware of this or there could be grounds for a legal case. It is negligent for a business owner not to warn people nearing the area where a potentially dangerous chemical is in use, especially if it could not otherwise be revealed. Finally, the law may enforce liability on the business even when a party other than the property owner causes an injury or harm. The bar owner may be held accountable for an assault in the bar if a patron whose violent tendencies are known to the owner commits a violent act and the owner fails to take steps to prevent this from occurring.
This is also true in regards to any other type of business, just as long as the operator knows or should have known of a patron's violent tendencies but still did nothing to prevent them. Each premises liability case is different. These are only a few of the many reasons for bringing a case.
With an experienced attorney, you will be aided in finding your way through the facts and the law to reach a reasonable result.
Paul W. Ralph, an Paul W. Ralph, is dedicated to helping his clients get the justice and compensation. Also known as an Orange County "slip and fall" attorney, he helps victims feel less victimized. He is well known for winning premises liability cases, Orange County dog bite lawyer, and for helping his clients achieve desirable results.
