If you have slipped and fell in a store and got injured as a result, you may have a legal claim that is valid against that company. Those who are injured in a slip and fall accident on the premises of a store may have such a claim against it. That is because a business that invites people onto its premises has a legal obligation to keep them reasonably safe.
Any business that does invite people onto the premises of it has to take certain measures to keep them safe. This can be a customer who comes to the shop to buy something, or a person visiting the store as per an invitation. Below is a look at such slip and fall accident claims against general types of retailers.
Duty to Keep the Premises Safe
Like all types of businesses opening up to the common public, retail stores are also obligated to keep their premises reasonably safe for their customers’ protection. When a slip and fall occurs at a grocery store, a department store, or a local family-owned business, it may be at fault for the injuries in the case it can be proved that the accident happened owing to unsafe conditions upon its premises. The store’s liability to compensate the one who actually slipped and fell on it often depends upon the facts of such an accident, but there are some common conditions leading to it in a store.
General Slip and Fall Accidents in a Store
Injuries from such an accident in a store can occur for a wide range of reasons. One might fall upon an accumulation of ice or snow on its entryway or could trip over errant floor mats. Items on display may also be placed haphazardly and can fall in the path of a customer. Besides, the store may have poor lighting that leads to poor visibility or latte spilled by a previous customer could have left in its aisle a puddle.
The possibilities are many, but irrespective of the accident’s cause, the store’s liability will depend upon whether it had been, or must have reasonably had been, notified of the unsafe state and did not take prompt action in order to resolve the issue.
Holding the Store Responsible
The store can also be liable for unsafe conditions on its premises under a handful of different theories. Its owner may be legally responsible if it has made the condition unsafe, with a very slippery wax for cleaning its floor, for instance.
The store (owner) may also be responsible if it knew about the unsafe condition on the premises, even if it has not created it, but did not take required measures to resolve it. For example, if a customer spills something in its steps, and another one injures their back after they slipped upon the puddle and fell upon the floor, then it may be responsible for the injury. The injured customer will need to show evidence that it knew of or should have reasonably been aware of the condition.
Some evidence has to be there showing that the spillage sat there sufficiently long for the store (owner) to have been aware of the same, as well as, had a reasonable chance to clean it and prevent an accident. One may also show that the store should have known or knew that spilled items were general but did not have a system to monitor and clean them up.
Besides, the person will possibly have to illustrate the unsafe condition was actually not so clear that one should have taken measures to keep oneself from it. For example, one can usually not recover damages for injuries suffered from tripping over an enormous display when it was visible in his or her path, and such displays’ use is commonplace in stores.
That is to say, a customer has to exercise reasonable caution in order to protect him or herself, and cannot hold the store responsible for every last thing going wrong. The crucial thing to consider is whether a reasonably careful person would have seen and avoided the unsafe condition. If so, they may not be able to hold the store responsible for the injury.
Evidence That Shows Proof of Liability
If one slips and falls inside a store, or any type of business that invites customers, and can show injuries that valid and documented, then they can possibly expect to get some compensation for their losses resulting from that accident (except if it was blatantly avoidable or seems to have been staged). The fault matter, whether the shop should have resolved a potentially dangerous condition or the customer should have seen and avoided it, will be the settlement negotiations’ focal point, and will be one of the key determinants in the magnitude of the settlement grant.
To achieve the maximum amount possible, they would require help of a slip fall attorney who can collect witness accounts and other evidence in the best way to support the case.