If you slipped in a grocery store aisle or bathroom, you’re not alone. These areas collect leaks, tracked-in water, and product spills. California law holds stores to a duty of reasonable care to keep customers safe. They must inspect, fix hazards, or warn you. 

The key issue: “notice”

To win a premises case, you prove the store knew (actual notice) or should have known (constructive notice) about the danger. California’s leading case says juries may infer constructive notice when a store lacks reasonable inspection procedures—for example, no timely checks of aisles or bathrooms. Poor or missing logs help show this. 

Aisles vs. bathrooms

• Aisles: Leaks, crushed produce, or broken containers are common. Stores need periodic sweeps and quick cleanup once spotted. Written sweep logs and employee testimony often decide these cases. 
• Bathrooms: Water on tile, leaking fixtures, or soap on the floor demand regular restroom inspections with a schedule that matches traffic. Stale or missing inspection entries can support constructive notice. 

Incident reports: ask for it—and expect a fight

Report your fall immediately and ask the manager to make an incident report. Get the report number and the manager’s name. In litigation, incident reports and employee statements are often discoverable unless they were created for lawyers or claims handling under privilege/work-product rules. Courts have recognized privilege in some situations, but it’s not automatic—it depends on how and why the report was made. 

What to do right away (simple checklist)

1. Report it: Ask for an incident report; request that video and photos be preserved.
2. Document the scene: Take photos of the floor, lighting, warning signs (or lack of), your clothing/shoes, and the area around the hazard.
3. Identify witnesses: Get names and phone numbers—other shoppers and employees.
4. Seek care: Go to urgent care or your doctor; describe all symptoms (neck/back, head, wrist, knee, hip, shoulder).
5. Save records: Keep discharge notes, imaging, receipts, and time-off proof.
6. Call a lawyer early: We send a preservation letter and begin collecting sweep logs, restroom logs, training policies, video, and repair/work orders that show notice.

Evidence that moves adjusters (and juries)

• Inspection/sweep logs and bathroom checklists (how often, by whom, and when).
• Training & policy manuals (clean-up rules, spill protocols).
• Video before and after the fall to show how long the hazard sat.
• Prior complaints or similar incidents in the same area.
• Photos showing lighting, floor texture, mats, warning cones/signs.
• Medical records and bills to prove injuries and losses.

California’s jury instructions focus on whether the condition posed an unreasonable risk, the store knew or should have known, and failed to fix or warn in time. Logs and video plug directly into those elements. 

Common defenses—and how to answer them

• “We inspected.” Ask for the actual log pages and employee names; compare claimed times to the video. Missing or stale entries undercut this defense and support constructive notice. 
• “Open and obvious.” Even visible hazards can require protection if risk is still unreasonable (traffic patterns, wet tiles, glare, no mats). The duty is reasonable care, not perfection. 
• “No time to discover it.” Ortega allows the jury to infer notice when inspection procedures are lacking or untimely. 

Typical grocery store injuries

Falls often cause ankle/knee sprains, wrist or elbow fractures from bracing, shoulder tears, hip injuries, and head/neck/back trauma. Prompt medical care documents causation and protects your health.

Deadlines in California

Most grocery store injury claims are personal injury actions with a two-year statute of limitations (shorter and special rules if a public entity is involved). Start early so video and logs aren’t lost. 

Why hire a lawyer for a grocery store fall?

• Evidence plan: We secure video, sweep/bathroom logs, policies, and repair/service data fast—before systems overwrite records.
• Notice theory: We build a timeline under Ortega using gaps in inspection, witness accounts, and video. 
• Incident report battles: We pursue discoverable versions and challenge blanket privilege claims with targeted motions. 
• Local knowledge: We try cases for clients across Chatsworth, Woodland Hills, Porter Ranch, Simi Valley, and Los Angeles and know what evidence local adjusters respond to.

Start here if your fall happened near us:

Car Accident in Chatsworth (includes contact info; we handle premises cases across the San Fernando Valley and Los Angeles).

Quick FAQs

What if I fell in the bathroom and there was no wet-floor sign?

That can be strong evidence if the store skipped timely inspections or failed to warn. Save photos and request the bathroom inspection log. 

Do I get a copy of the incident report?

Possibly. Reports made in the ordinary course of business are often discoverable; reports prepared for lawyers/claims can be privileged. It depends on how the store uses them. 

How do I prove the store “should have known”?

Show gaps in inspections, stale logs, or video that the hazard sat long enough to be found. California law lets juries infer notice when inspection procedures are unreasonable. 

How long do I have to file?

Generally two years for personal injury in California. Some claims have shorter deadlines; speak with a lawyer quickly.