Whether this type of accident occurs at a department store, retail store, small shop, restaurant, gym, cinema, or any other commercial property open to the public, it is either the business or victim’s fault. In a slip and fall case, the most complex part is proving that a store is liable for a person’s injuries. A personal injury attorney must present to the court proof that the store did not take proper precaution to prevent an accident from happening.
The opposing party, often times the store’s insurance adjuster, will undertake the burden of proving that it was the injured victim’s negligence that caused the accident to occur, and that the store took all necessary precautions. If it can be proven that the store was kept in an unsafe condition, causing the accident to take place, then the plaintiff may receive remuneration for their damages.
Reasons for Slip and Fall AccidentsThe most common reason why slip and fall accidents happen has to do with precipitation. Rain, snow, and ice are the number one cause of slip, trip, and fall accidents. These are cases in which the store is generally not liable because of the obvious weather conditions. In these cases, the customer should have acted carefully knowing that surfaces are slipperier than usual due to the weather. Other reasons for slip and fall accidents include poor lighting, unleveled surfaces, changes in elevation, spills, leaks, constricted staircases, obstructions, and more. When any of these circumstances occur, it is the law that asks whether or not the store should have noticed the hazard in a reasonable amount of time and if they took prompt action to clean it up or remove it before anyone is hurt. The store’s accountability for a slip, trip, or fall accident with largely depend on these variables and more.
Store’s Liability in Regards to Personal Injuries
A commercial store may or may not be responsible for a person’s slip and fall. Depending on the situation, different scenarios will eventually determine who is liable for such an accident. For example, if a store applies a floor wax improperly or uses a product that is much too slippery, this could be considered negligence on their part. On the other hand, a person could have been intoxicated while walking around a grocery store and trip over an isle display. This, of course, would be the fault of the victim. These are basic examples, but in real-life, the scenarios are not so cut and dry. There are generally many complicated and complex details that make it difficult to decide who the negligent party actually is and why. This is the reason why slip and fall victims require professional legal counsel from a licensed personal injury attorney. They retain the resources, experience, and knowledge to facilitate a successful slip and fall claim.