Retail Store Slip and Fall Accidents
How do you know if you have a viable personal injury claim or complaint? Have you been injured due to a slip and fall accident at a store or place of business? Who should you bring the complaint against? There are various theories of liability for slip and fall injuries at stores and businesses. They will be discussed further here.
Negligence: A shop or company may be liable for a slip and fall accident on its premises if it was caused by its negligence when:
The shop or company was negligent and;
The accident was caused by the negligence of the shop or company
Simply falling in someone's store does not implicate liability on behalf of the store. There had to be some hazardous situation that the store owner should have removed or warned against. Furthermore, you must prove that the store owner failed to remove or warn against the hazard, and that failure caused your injury and other damages. Find out more about proving negligence in a slip-and-fall situation by consulting a Fort Myers Personal Injury Attorney.
Who Can You File a Lawsuit Against?
The essence of the alleged negligence frequently determines this. Of course, if the shop owner is also the property owner, the store owner may be the only defendant. Many store owners rent their property. Therefore, depending on the nature of the accident, you could have a claim against the landlord or property owner too.
Is It Better to Sue the Landlord or the Store Owner?
If you fall because of a structural problem with the house, you will almost certainly file a lawsuit against the landlord or property owner. A water leak is an example of a structural problem. It could arguably be the landlord's fault if water leaks from the roof onto the concrete.
If, however, you are injured due to something the shop owner or tenant did (or failed to do), you could bring a claim against the store owner. Slipping on a surface that the owner's employee had just waxed without providing any safety cones or warning signs to warn customers of the situation is an example of store owner liability.
Important Points To Consider In Slip and Fall Cases
To win a slip and fall lawsuit, keep in mind that there must be negligence. The following are the most common problems that arise in a slippery floor case when it comes to negligence:
Was the surface excessively slippery?
What made the floor so slick?
When you fell on the floor because of a foreign material, how long had the substance been on the floor until you slipped?
Did you realize the ground was slippery before you fell?
Did the shop owner or landlord know – or should they have recognized – that the floor was dangerously slippery?
Was there any notice that the ground was slippery?
What Made the Floor Slippery in the First Place?
Before you leave the premises after an accident, you must understand why the floor was slippery in order to have a fair chance of winning a slippery floor lawsuit. It would be difficult to win your case if you do not know what you stumbled on or why the floor was slippery. Suppose you tell the store manager immediately after the accident that you do not know why you fell. A jury may be unlikely to believe you two years later if you want to testify about the slippery floor situation after speaking with your lawyer.
Here are a few things that can make floors slippery:
Snow, ice, or water
Grease, oil, or another form of lubricant may be present
A slippery object, such as banana peel or food debris
Wax or polish on the floor
Once you have gotten yourself together after slipping, inspect your surroundings — look at the floor, your shoes, and your clothing — to see if you can determine the cause of your fall.
What Was the Length of Time the Substance Had Been on the Floor?
To win a slippery floor lawsuit, you must show that the defendant was aware of, or should have been aware of, the floor's unjustifiably slippery condition. The longer the slippery condition existed, the more likely you will be able to show that the defendant should have been aware of it — and therefore, should have taken steps to correct it.
If a supermarket shopper drops a banana peel on the floor and you trip on it twenty seconds later, the supermarket is unlikely to be held responsible. The supermarket did not have enough time to notice the situation in twenty seconds. You could have a lawsuit against the store if the banana peel were there for half an hour.
Was There a Notice About the Slippery Surface?
Slippery conditions are also inevitable. Store owners, for example, often wax the floors on a regular basis. That is a rational course of action. That said, floor wax is indeed slippery.
As a result, under the "reasonableness" principle, which governs most negligence situations, the store owner would be expected to barricade off that area of the floor or, at the very least, post a sign informing people of a slippery floor.
While posting a notice does not necessarily absolve the defendant of responsibility, it does demonstrate that the defendant at least attempted to meet their duty to make the premises safe. Failure to warn of a slippery floor, on the other hand, is clear evidence of negligence.
Let a reputable Slip And Fall Lawyer Fort Myers residents trust assist you in getting the compensation you deserve.