![]() In addition, the injured customer will likely have to show that the condition was not so open and obvious that the customer should have taken steps to avoid the unsafe condition.įor instance, a customer generally can't recover for injuries sustained from tripping over a large display when the display was clearly visible in the customer's pathway, and the use of such displays is commonplace in similar stores. The injured party may also demonstrate that the store knew (or should have known) that spilled products were common, but failed to have a system in place for monitoring and cleaning up such spills. There must be some evidence that the spill sat there long enough for the store to have become aware of its presence and have a reasonable opportunity to clean it up and prevent an accident. Did the Store/Employee Have a Chance to Eliminate or Reduce the Danger? In that circumstance, the injured person will have to show some evidence that the store knew or should have reasonably known of the condition. For instance, if one customer spills a drink in an aisle, and another customer injures her back after slipping on the puddle and falling on the floor, the store may be liable for the injury. The store owner may also be liable if it knew of the condition, even if it did not create it, but failed to take steps to remedy it. Did the Store/Employee Know About the Unsafe Condition? ![]() The store owner may be liable if it created the unsafe condition, by using an exceptionally slippery wax to clean its floors, for example. the store or an employee knew (or should have known) about the unsafe condition and didn't fix it within a reasonable time.ĭid the Store/Employee Create the Unsafe Condition?.the store or an employee created an unsafe condition, or.Was There Negligence Involved In the Slip and Fall?Ī store's potential fault for a slip and fall accident usually hinges on the legal theory of " negligence." In simple terms, negligence occurs in these kinds of cases when the store owner or a store employee fails to act with reasonable care, and a customer is injured as a result. Whether it's a "big box" nationwide chain like Walmart or Target, or a local independent retailer, the business may be liable for injuries and related losses if the injured person can show that the slip and fall was the result of unsafe conditions on the property. Like all businesses that open themselves up to the public, stores are legally obligated to maintain reasonably safe property conditions for the protection of visitors and customers. The store's liability insurance coverage will likely play a big part in your injury claim, but be prepared to show some level of carelessness on the part of the store or one of its employees. ![]() These cases aren't always easy to prove, however. If you slip and fall in a store, you might have a personal injury claim against the business, or against the property owner, or perhaps both.
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