Legal Question in Personal Injury in California

Re: General Negligence

You have asked about an area of personal injury law frequently referred to

as "premises liability" - that is, the liability of an owner or possessor of

property for the injuries of people who have been exposed to dangerous or

defective conditions on the property. The owner has a duty to repair such

dangerous or defective conditions or warn people who will be exposed to the

conditions if the conditions cannot be (or until they are) repaired. The

owner must have "notice" of the condition: this is, the owner or one of this

employees must have created the condition, must know about the condition, or

the condition existed long enough that the owner or an employee should have

discovered it during an inspection of the property.

You asked about a claim arising from a fall which occurred because of a

drain, without a grate, in a floor open to the public (?) which was covered

by a mat. Depending on the facts specific to your claim and the mechanism of

your fall, this may or may not qualify as a "dangerous or defective

condition". The fact that the drain did not have a grate but was covered by

a mat would indicate that the store owner (through his/its employees)

probably knew about the open drain and used the mat to cover it without

placing a grate.

This is a case which our firm might be willing to prosecute on your behalf.

I would like to have more information from you about your injuries and the

mechanism of your fall.

John Bisnar, Senior Partner, Bisnar & Chase LLP, Personal Injury Attorneys & Counselors at Law, www.bestattorney.com, www.aboutdogbites.com, www.seatbeltlaw.com, 800-956-0123

Re: General Negligence

The store is liable for your lost wages, lost earning capacity, medical bills, future medical costs, and, pain and suffering. Covering a drain with a rug is not reasonable. You need to obtain representation immediately so as to have the insurance company set the reserve at the hightest level. Please contact me directly at (619) 222-3504.

Re: General Negligence

There is liability.

Re: General Negligence

I would say significant.

Re: General Negligence

Liability depends on notice to the store. Normally they use sweep sheets to record when they clean the floors. If the thing you slipped on was there long enough to put a normal store on notice of the defect then they are liable.