Slip and fall accidents tend to occur inside stores which are the most litigated premises liability cases that are brought in the justice system. The question that is asked in this type of case is: who was responsible for ensuring that a slip and fall doesn’t happen? Was it the customers own negligence in not taking precaution? Or was it the owners or managers who did not eliminate the hazard that they had knowledge of? The courts have adopted the mentality that a reasonably safe premises is expected for customers and visitors of any commercial property.
The Three Conditions Required for Liability in a Slip and Fall
In order for a property owner to be legally held liable for the injuries sustained, they must fall into one of these three conditions:
The hazardous situation must have been caused by the property owner which led to the accident.
Knowledge of the hazard existing was present but they did not do anything to eliminate or correct it(actual notice)
The hazard should have been detected because any reasonable person would have done so (constructive notice)
Courts have maintained the idea that property owners are responsible for performing regular inspections as normal business of operation.
Steps to Take To Ensure More Safety
Assuming that public areas are safe unless otherwise indicated(warning signs) is almost always practiced by visitors or patrons. After taking that into consideration, a person who slips and falls cannot always put the blame on the business owner. There are moments when a person can fall due to their own carelessness or negligence like having their shoelaces untied. In those instances, even though the property owner may not be liable, they are still required to maintain safe conditions for everyone who visits the premises. These following two steps can help to dimish slip and fall accidents:
Training employees to discover hazards
Implying a policy of regular maintenance
When a store is safe, the attention of shoppers would be directed to the goods that are on sale rather than the floor.
Challenges Faced by Some Stores
Grocery stores and retail stores have a lot of merchandises that can become hazardous. A grocery store has liquids, foods, and other hazards that can spill and cause a person to fall. Just think about eggs or liquid detergent. These spills can be because of another shopper or an employee that did not pay attention to their careless actions. Other times, items that are displayed in a certain way that a reasonable person would know that it could create a hazard like lemons stored loose in bins can cause a slip and fall accident. People will grab different lemons to select the ones they want and it is expected that some lemons may fall down. Because these are expected hazards, the store must have used caution for preventing the lemons from falling. Perhaps, they could have installed a fence around the bin.
Slip and Fall Legal Practitioners in Miami
People love shopping in Miami and many tourists come to Miami to buy a variety of things. It is a popular location site and is crowded with many people. Stores need to be extra careful in preventing any hazards for their customers. The personal injury attorneys at Percy Martinez Law Firm encounter slip and fall cases on a daily basis. It is a common occurrence. The attorneys at the firm understand the duty that property owners have to their customers and visitors. Their proven results have never failed them. Contact one of the Miami slip and fall attorneys at Percy Martinez’s Law firm today.
A personal injury lawyer with over 10 years of experience, Ryan Malnar serves Colorado Springs with honesty & integrity.