Can I Hold The Store Liable For My Slip And Fall Injury?
If you were injured in a slip and fall accident that took place in a store, it is difficult to know if the store owner is liable for your damages. There are numerous factors that must be considered when determining if a business owner is at fault for a customer's injury.
Victims of slip and fall injuries often decide to get help from an attorney because these cases can be so complicated. You can seek legal help today in a free consultation with our experienced Cincinnati slip and fall attorneys.
Common Causes Of Slip And Fall Accidents
Slips and falls can happen for a variety of reasons, from tripping on a rock or slipping on wet pavement. Other factors that may cause people to be injured in a slip and fall accident include:
- Falling due to uneven or loose flooring
- Tripping on a torn or damaged rug
- Slipping on a wet floor
- Defective elevator or escalator
- Insufficient lighting
Slip and fall accidents are common occurrences that can often be avoided by watching your step or receiving proper warning of hazardous conditions. Though most slip and fall injuries are minor, victims who suffer severe injuries may have grounds for a lawsuit. In order to recover compensation for the injuries sustained, you must build a case that establishes that the property owner was negligent.
Important Questions To Ask To Determine Negligence
There are some questions that you should ask to help you determine if the property owner was negligent and this was the cause of your accident and resulting injuries. These questions include the following:
What Caused Your Accident?
It is critical to the potential success of your claim to know exactly how your injury occurred and the environmental factors that may have been involved. Report your injury to the store manager and let this person know what caused the accident, such as a falling object or slippery floor. You may later need to recount how your injury happened to an insurance adjuster or to a judge or jury, so be sure to have a copy of the report or take notes on the incident as soon as it occurs to ensure you do not forget important details.
Why Was The Floor Slippery Or Why Was There A Foreign Object?
You will also need to know why the floor was slippery or why there was a foreign object in your path. The floor may have been slippery due to:
- Accumulation of water, ice or snow
- The presence of a slippery substance like grease or oil
- Food or drinks that have fallen on the ground
- Cleaning substances like wax or polish that were on the floor
After your accident, try to look at the area where you slipped to determine what the slippery substance is so that you can determine why it was there.
How Long Was The Condition That Caused Your Accident There?
Another important question is how long the foreign object or substance was present. This is a critical element in determining whether the store owner had enough time to fix the hazard to prevent the accident. The longer the condition was present, the more likely it is that the owner should have known about it and had a chance to fix it.
You may be able to gauge how long the condition was present based on the color of the item. For example, a banana peel that had been on the ground for some time may be browner than a freshly dropped peel or an object that appears it has been repeatedly stepped on may have been there for a while. Video surveillance may also help demonstrate how long the dangerous condition was present so be sure to ask the store manager to review the footage from that day.
Was The Store Owner Aware Of The Condition?
The store owner has a duty to keep the premises safe. To recover compensation for your damages, you must be able to show that the store owner was aware of the dangerous condition or should have been aware of it. This may be very difficult to prove on your own, which is why it is a big advantage to have assistance from a qualified slip and fall lawyer.
Was There A Warning About The Condition?
Another important question is whether there was a warning about the condition that caused your accident. For example, if there was a wet floor sign, a jury or insurance adjuster could conclude that a reasonable person would have stayed away from the hazardous area. Failing to warn about a known dangerous condition could be evidence of negligence on the part of the store owner.
If you were injured in a slip and fall accident, it may be in your best interests to have a qualified slip and fall lawyer review your case. The attorneys from O’Connor, Acciani & Levy can determine if you may be owed compensation, how much compensation you are owed, and your options for taking legal action.
We have a track record of successful outcomes in various personal injury cases and can discuss the potential value of your claim during a free consultation. Contact us today to get started on your claim.
