The Centers for Disease Control and Prevention (CDC) have reported that slip and fall accidents are the most commonly cited cause of the injury at retail locations across the United States. Understanding whether you have a viable injury claim is a challenging task.
When you have been injured in a slip and fall accident at a retail store, you may be wondering who will be liable for your injuries and damages. If the owner or operator of a retail establishment fails to keep a safe environment for guests, and a guest is injured because of this negligence, the injured party may be able to recover.
How negligence can cause slip and fall accidents?
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.
When can a lawsuit be filed?
Every state has a statute of limitations for filing a personal injury claim, such as a slip and fall case. In many cases, a settlement can be reached and no formal suit ever has to be filed.
Before filing a lawsuit, you must determine who is liable. Generally, the owner and operator of the building and retail establishment may be liable. 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 slip and fall injuries, you could have a claim against the landlord or property owner too.
An experienced premises liability lawyer can assist you to know the statute of limitations that need to be followed in filing the injury lawsuit. They will also help you know different legal options that are available for your case.
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 Things To Consider In Slip and Fall Cases
Before filing a slip and fall lawsuit, keep in mind that to prevail you must be able to demonstrate negligence. The following are the most common questions 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?
Failure to warn of a slippery floor, on the other hand, is clear evidence of negligence. Contact an experienced Slip and Fall Lawyer who can assist you in getting the compensation you deserve.
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