Williams v. Carl Karcher Enterprises, Inc.

Stephanie Williams was injured when she slipped and fell on the wet tile floor at a fast food establishment. A jury verdict was rendered in favor of the restaurant’s owner. On appeal, Williams contends the court committed prejudicial error in refusing to instruct the jury a business proprietor has a duty to either remove a dangerous condition on its premises or warn of its presence. We agree and reverse.

I.

The accident occurred on a Friday evening, around the dinner hour. Williams, on a break from her job at the Sears Automotive Center in South Coast Plaza, had gone to Carl’s Jr. inside the mall for something to eat. She was accompanied by two coworkers.

The surface of the floor in the front section of the restaurant was made of ceramic tile; the rear dining room was carpeted. After picking up their order, Williams and her companions left the tiled area and proceeded to a table in the rear. Ten or twenty minutes later they got up to empty their trash and, ultimately, to return to work.

As Williams crossed from the carpeted area onto the tile floor, she fell, landing on her right knee. When she got up, she noticed the side of her skirt was wet. Apparently the floor…