If a business fails to address wet floors caused by heavy rain, it may be liable for slip-and-fall injuries resulting from that hazard. Rainwater frequently enters commercial spaces as patrons track it in, creating slippery entryways, aisles, and walkways. When a business does not take timely and reasonable steps—such as placing warning signs, using floor mats, or mopping regularly—to mitigate these risks, it may be found negligent for failing to maintain a safe environment for customers and visitors.
At the Salamati Law Firm, we have over 28 years of experience winning compensation in premises liability claims. Our track record is second to none. Call today to schedule a free consultation.
The Duty of Care: What Business Owners Are Legally Required to Do
Under California law, business owners are legally obligated to maintain reasonably safe premises for all lawful visitors, including customers, employees, tenants, and delivery personnel. While a business cannot control the weather, it is required to take appropriate and timely action when those conditions create hazards indoors—such as wet and slippery floors due to tracked-in rainwater. This includes anticipating increased foot traffic during inclement weather, implementing procedures to keep high-traffic areas dry, or clearly marking them with warning signs.
This obligation is known as the duty of care. Under California’s premises liability statute (Civil Code § 1714), this duty requires property owners to take reasonable measures to prevent foreseeable harm to those lawfully on the premises. Failure to uphold this may constitute negligence and form the basis for liability in a slip and fall claim.
What does that look like?
- Deploying slip-resistant floor mats at entrances
- Routinely monitoring and drying areas where water accumulates
- Using warning signs and physical barriers, such as ropes or cones, to alert customers to existing hazards and restrict access to dangerous areas
- Training staff to respond promptly when wet conditions are identified
Liability arises when the business’s negligence in maintaining safe conditions is found to have directly contributed to a slip and fall injury.
Common Slip and Fall Risks After Heavy Rain
Slip and fall injuries on wet commercial floors are often more than minor inconveniences; they can lead to long-lasting harm. Victims frequently sustain:
- Fractured hips, wrists, or ankles
- Herniated discs and spinal injuries
- Concussions and traumatic brain injuries (TBI)
- Internal bleeding and other soft tissue trauma
For older adults or individuals with pre-existing conditions, these injuries can be catastrophic. Even for healthy individuals, a fall can result in months of recovery, steep medical bills, lost income, and permanent limitations.
Slip and fall injuries can also cause lasting emotional and psychological distress, especially when they result in a loss of independence or career disruption. All of these factors should be considered in your legal claim.
How Pure Comparative Negligence Impacts Your Case
If you believe you may have contributed to your slip and fall—for example, by being distracted—this does not automatically prevent you from recovering compensation. Under California’s pure comparative negligence doctrine, an injured party may still recover damages even if they are partially at fault for the incident.
However, your compensation will be reduced in proportion to your percentage of fault. For example, if you were found 20 percent at fault for being distracted, your total damages would be reduced by that amount. However, the property owner still retains a legal duty to maintain reasonably safe premises. If they failed to take appropriate steps to address known or foreseeable hazards, they may bear significant responsibility for your injuries regardless of your partial fault.
Damages Available in Slip and Fall Cases
A properly assessed injury slip and fall claim must account for more than medical expenses. At Salamati Law, we take a comprehensive approach, evaluating the full scope of your damages—including long-term medical needs, lost earning capacity, and the impact on your quality of life.
Recoverable damages in a California slip and fall claim may include:
- Emergency medical care and ongoing treatment – including hospital visits, doctor consultations, and follow-up care.
- Surgical procedures, physical therapy, and assistive devices – such as braces, wheelchairs, or crutches needed for recovery.
- Lost income and diminished earning capacity – covering both time missed from work and future earning limitations caused by the injury.
- Pain, suffering, and loss of enjoyment of life – non-economic damages that compensate for physical and emotional hardship.
- Permanent disability or disfigurement – for long-term or irreversible impacts on physical health and appearance.
Why You Should Contact an Experienced Slip and Fall Lawyer
Businesses and their insurers frequently challenge wet surface slip and falls—by asserting legal defenses to reduce or deny liability. Common arguments include claims that the hazardous condition was open and obvious, that the injured party failed to exercise reasonable care, or that the business lacked sufficient time to discover and remedy the danger.
Successfully pursuing these cases requires a detailed investigation, careful documentation of the conditions and injuries, and strategic legal representation to overcome these defenses and establish the business’s negligence.
Our team works to build compelling, evidence-backed cases designed to withstand scrutiny in court.
Schedule a Free Consultation with Salamati Law Today
You should not have to bear the cost of a slip and fall caused by another party’s negligence. An experienced Los Angeles slip and fall lawyer at Salamati Law can help you understand your legal rights and work to maximize your financial recovery. Contact us today to schedule a free, no-obligation consultation.
