Slip and Fall Accidents in Stores are Not Uncommon
You've most likely been witness to a spill or other hazard while in stores and leave your shopping trip without a scratch. While store owners and managers are required to keep their property reasonably safe for customers, accidents still happen — and when a customer is injured due to negligence on the store's part, they have the right to sue. Here's what you need to know before filing a slip and fall claim against a retail store.
After sustaining an injury in a slip and fall accident, you must first prove negligence. A store is only liable for a slip and fall accident on its property if they were negligent and this negligence caused your accident. To prove negligence, you must show that the defendant knows or reasonably knew it was an unsafe condition. "Reasonable" means that the store owner has made regular and thorough efforts to keep the property safe and clean enough to prevent an accident.
Determining Who is Liable
Determining liability means finding out who you can sue. Filing a lawsuit for a slip and fall claim depends on the nature of the claimed negligence. For example, if a store owner also owns the property, then the only liable party is the store owner. However, if a store owner leases their property, you may also be able to name the landlord and property owner in the lawsuit.
Top Questions to Be Answered in Slip and Fall Claims
Slip and fall cases are complicated, so having an experienced personal injury lawyer on your side to help you with your case can make all the difference in your claim's outcome. The following answers to these questions can have an impact on determining negligence:
- Was the floor "unreasonably" slippery?
- Why was the floor slippery?
- Did a foreign substance make the floor slippery?
- How long had the substance been on the floor before the slip and fall accident?
- Was there a warning posted about the slippery conditions?
- Did you know the floor was slippery before you slipped?
- Did the store owner or landlord know/reasonably should have known that the floor was unreasonably slippery?
Injured in a Slip and Fall Accident? We Can Help.
Slip and fall accidents can cause devastating injuries. In the most severe cases, the outcome can be life-changing. If you've been injured in a slip and fall accident, Gatti, Keltner, Bienvenu & Montesi, PLC is here to help you.
When it comes to the tactics insurance companies use to deny claims, we've seen it all and know how to handle them to ensure you receive the maximum compensation you deserve. We are here to guide you through every step. From medical costs and lost income to property damage and more, we'll be your trusted partner. We will work tirelessly to get you the recovery you need so you don't have financial burdens while healing from your injuries.
We are here for you. Our phones are answered 24 hours a day. Contact Gatti, Keltner, Bienvenu & Montesi, PLC today at (901) 466-2006.