Can we sue the supermarket for injuries sustained in a slip and fall accident under CA personal injury laws

Your legal recourse is to file a civil complaint for damages against the supermarket for maintaining their premises in an unreasonably dangerous condition. The water on the floor is the "unreasonably dangerous condition." Hopefully, you will be able to prove that the supermarket negligently failed to warn customers about the dangerous condition, or that they allowed the condition to go un-remedied for an unreasonably long period of time. If they put out a warning sign, it is not likely that you will prevail. Your alternative to filing a civil complaint is to attempt to reach a settlement with the supermarket. The smartest thing you can do at this point is to hire a lawyer to review your case and represent you. Nothing I have said in this answer or at any other time shall constitute the formation of an attorney/client relationship with you.

I have written an extensive article on slip and fall cases which you can read on my personal injury blog by going to this link:

http://www.calinjuryblog.com/2007/07/08/the-anatomy-of-a-slip-and-fall-trip-and-fall-case-in-plain-language/

I am not going to attempt to re-write the article here on my response to you. I have handled hundreds of these types of cases throughout California. Anything you say to the supermarket can and will be used against your son if he does retain an attorney in this case. If he is a minor then you or the other parent will be his guardian ad litem for the case.

I am a lawyer that handles these types of cases. You can reach me at 818-584-8831 ext. 1 or 800-816-1529 ext 1. You can check out my slip and fall website by going to http://www.slip-and-fall.biz/.

Norm

Supermarket slip and fall cases are extraordinarily difficult to win. Typically, the store has a sweep log which shows that they inspect every aisle in the store every 30 minutes. If they do have such a log, their behavior is deemed reasonable and there is no liability. I stopped taking these types of cases years ago because the supermarket almost always wins.

Go talk to a personal injury lawyer in your area. Don't talk to anyone who wants you to pay for their fees by the hour. Only talk to those who are willing to take the case on contingency. Good luck.

Your son should consult with a personal injury attorney in California. I do not practice in that state, but based on Pennsylvania law, your son may have a claim. To prevail in litigation against the supermarket, your son will have to show that the store was negligent, that your son was not comparatively negligent to a greater extent, and that he sustained damages as a result of the supermarket's negligence.

Why was there water on the floor?
Was it leaking from nearby equipment?
If so, the store may be responsible.

However, if another customer had just spilled the water, and the store did not know about the spill, and if it had just happened, then there may not be liability on the part of the store. You have to show that they knew of the water, or should have known about the water on the floor, and that they had a reasonable amount of time to clean it up, and that they failed to do that.

Why did your son not see the water? Was he watching where he was walking?
Was he distracted by something?
These are issues that will be important.

You need to consult with an attorney in California. Look for one that is a member of the California Trial Lawyers Association or the California Association for Justice. Most attorneys will not charge you an initial consultation fee for talking with them about a claim such as this (but be sure to ask first before you go meet with the attoney). Ask your friends and neighbors if they have ever sued anyone for injuries and see if they have a recommendation for you.

Whether or not you have a legal recourse ultimately depends on whether or not the store was negligent in their actions. If they had actual knowledge of the water being there or should have had knowledge and failed to promptly clean it up or take other measures to prevent injury they may have acted negligently. I recommend you discuss your case with a Personal Injury lawyer in your area who is willing to take your case on contingency.