Falling in a Store – Proving Liability

A valid legal claim may be made against the business if there are injuries sustained in falls, slips or other accidents. This is often dependent on reasonable accommodations made to prevent accidents and ensure safety for all who enter or exit the store.

No matter the size of the company, there are three basic concepts that allow for lawsuits against it. A lawyer can help you determine whether your case is likely to be successful. A lawyer usually determines whether a company owed a duty of care to the victim, if the duty was not fulfilled, and if this breach resulted in the injuries sustained during the fall.

Safe premises are maintained by the management or owner of the store where the injury took place. The company must take all reasonable precautions to avoid injuries and accidents. Slick surfaces should be cleaned up or an explanation sign posted indicating the potential danger. The victim might not be able to proceed with a lawsuit if this is proved in court. If the store’s negligence caused the injury, the company could be held responsible for the damages.

Common Slip and Fall Accidents

When slip and fall accidents occur in a store, there are many factors to consider. A slippery surface could have been caused by an employee or another customer. It is possible that debris slips under the shoe of the victim, causing him or her to fall and inflict injury. If the slip occurs outdoors, it could be due to an accumulation of snow, liquid, or ice that causes the slip. Poor lighting can also be a factor. This could make it difficult to see certain areas or create dangers for someone. The store has legal obligations for such matters, regardless of what type of accident it was or how it ended. The business is responsible for making sure the victim is compensated before and after an accident.

 

Negligence is the leading cause of slip-and-fall accidents in stores. It is possible that there are areas in the building that have not been fixed. Negligence occurs when the owner or management is aware of the problem, but fails to take all reasonable precautions to fix it. This is often seen in spills where someone slips and falls injuring a part of his or her body. Other incidents, such as holes in the ground or crumbling ground, can also cause victims to slip and fall. These types of incidents often lead to lawsuits in which the injured party is owed compensation.

Deleted or Destroyed Evidence

Many documents can be found that show that the company is negligent or has violated its duty of care to customers. The business may destroy these documents to conceal evidence or make space for more documentation. Although the paperwork can be removed by the business without any legal opposition, it may not be possible to delete or destroy the files if a lawyer has requested them. It is important to save any store footage that has been recorded on a camera. It is possible for the victim, regardless of whether the evidence was destroyed or deleted, to win the case.

Liability and Legal Recourse for Fall Accidents

When there is not enough evidence, it can be difficult to hold someone responsible for damages. If liability can be proven with multiple elements, however, the responsible party could be required to compensate the victim. The incident can be documented by a variety of means. The circumstances of the incident may prove that the individual breached a duty. Without the use of photos or camera feeds, unsafe conditions can be proved. A lawyer can help uncover the truth and explain the situation in court. This legal representative may provide the chance for a successful outcome through communication, time and energy.


Updated 1/07/2022