Store Liability for a Slip and Fall Accident

Business owners that invite customers into their stores owe them a duty to keep their premises reasonably safe and prevent foreseeable harm. When a store fails to meet this obligation and a slip and fall accident occurs, the business may be liable.

Store Liability for a Slip and Fall Accident

A Store’s Duty

When a store is open to the public, the business must keep customers safe from preventable harm. Slip and fall accidents can happen for a variety of reasons. Still, if the store owner or manager knew of a hazard’s existence or should have known and failed to fix it, they can be liable for any resulting damages. The court will consider whether a reasonable property owner would have found and fixed the issue before anyone could be hurt by it.

Holding a Store Liable for a Slip and Fall Accident

To be successful in a slip and fall lawsuit, you must be able to establish the store owner’s liability. Doing so will require evidence that demonstrates the following elements of negligence

  • Duty of Care: the store owner owed you a duty of care to keep the premises reasonably safe for visitors.
  • Breach of Duty: the property owner breached their duty of care to keep customers reasonably safe from foreseeable harm. (e.g., being aware of slippery floors and failing to remedy the situation or warn of it)
  • Causation: the store owner’s violation of care directly led to your injuries, and your injuries would not have occurred if not for their negligence.
  • Damages: you suffered losses because of your injuries. (e.g., medical bills, lost income, pain and suffering)

An experienced slip and fall lawyer will also look for evidence of the following:

  • Whether the store owner or manager was given notice of the dangerous condition.
  • Whether the store owner or manager had safety procedures or policies in place to consistently check for hazardous conditions.
  • Whether there is a reasonable explanation for the delay in correcting the dangerous condition.

In addition, you may have to prove that the hazard was not obvious and that you didn’t fall because you failed to avoid the unsafe condition.

Common Causes of Slip and Fall Accidents

The leading causes of slip and fall accidents at stores include:

  • Wet and slippery surfaces (e.g., from spills or being recently waxed or mopped)
  • Environmental conditions, including ice-covered parking lots, driveways, or walkways
  • Uneven or loose flooring
  • Torn carpeting
  • Poor lighting obscuring potential hazards
  • Loose materials or goods in a walkway
  • Raised or uneven sidewalks
  • Escalator failure
  • Elevator malfunction

The resulting injuries from a slip and fall can range from mild to severe. While many victims only have scrapes and bruises, others can suffer broken bones, spinal cord injury, traumatic brain injury, or even death.

If you suffered an injury in a slip and fall accident at a store, you may have the right to file a claim for financial compensation. Schedule a free consultation with a skilled Las Vegas personal injury lawyer today.

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