# Ortega v. Kmart Corp.

Canonical: https://californiapersonalinjurylaws.com/cases/ortega/

Supreme Court of California, 2001. 26 Cal.4th 1200, pp. 1203, 1210–1213.

Reviewed by Andrew (Andy) R. Gillin; publisher reported approval 2026-11-04. The original review date was not supplied.

## Case background

A shopper fell on a spill in a store. The case raised questions about store inspections and whether the store should have found the spill.

## Question before the court

Could a lack of reasonable inspections help support an inference that the store should have known of a spill?

## What the court decided

The court allowed that inference from the proof. The plaintiff still had to establish the claim. A fall alone was not enough to make the store pay.

## Limits

This permits an inference from the proof. It does not make the store liable just because someone fell.

## Opinion

https://law.justia.com/cases/california/supreme-court/4th/26/1200.html