If you suffer an injury following a slip and fall accident in a store, you have a right to file a claim to recover damages. Though slip and falls can be minor occurrences that many individuals simply brush off and ignore, others can be more serious and result in injury. Even a minor incident can result in an injury that develops over time and requires medical care.
No matter how inconsequential your slip and fall seems, you should always check in with your doctor just in case. If you do end up filing a personal injury claim for your slip and fall accident, you will need medical evidence to prove that you sustained an injury.
When you file a personal injury claim, you will also need to prove fault to recover damages. Generally, slip and fall accidents are considered premises liability cases, meaning you will need to file a claim against the owner of the premises to receive compensation for your injuries and other damages. This often requires the help of an experienced personal injury attorney.
How Do Slip and Fall Accidents Occur in Stores?
Slip and fall accidents can occur for various reasons, as there are any number of hazards that can put someone at risk. However, with store-related slip and fall incidents, they tend to occur due to:
- Spilled liquids and wet surfaces
- Recently mopped or waxed floors
- Uneven surfaces
- Mats
- Lack of handrails or other safety guards
- Loose cords
- Items on the floor
- Poor lighting
- Cluttered spaces
Stores can also be held responsible for slips and falls that occur outside the store on their property from things like cracked or broken pavement, ice or snow, and any other hazard that makes it difficult for customers to walk safely into or out of the store.
Stores Owe Customers a Duty of Care
Property owners, such as business owners, owe guests and customers a duty of care based on premises liability. This means they have a responsibility to maintain safe premises and must take reasonable care to ensure all known hazards are dealt with in a reasonable amount of time. If a known hazard is not dealt with, and it causes someone to slip and fall and injure themselves, they can be held liable.
Proving Liability After a Slip and Fall Accident
The issue with premises liability cases is that the term “reasonable” can make it tricky to prove fault. “Reasonable care” and “reasonable amount of time,” for example, can be interpreted in many ways. Generally speaking, “reasonable” means they have taken action to deal with the issue as best as possible given the amount of time they had once they found out about it. For example, if someone spills a drink and you immediately slip and fall on the spilled liquid, it could be difficult to hold the store accountable as they did not have time to be notified and handle the issue before the accident occurred.
Essentially, to prove fault in a premises liability case, you must prove:
- that a hazard existed;
- that the store knew about the hazard;
- that the store had a reasonable amount of time to deal with the hazard and failed to do so;
- that the hazard they failed to address caused you to slip and fall;
- and that you were injured as a result of the slip and fall.
Trust McCoy & Sparks—Premier Personal Injury Attorneys in Central Kentucky
Proving fault and holding stores responsible for a slip and fall accident can be challenging, but it is not impossible so long as you have an experienced attorney on your side. If you or a loved one are injured on store property, the team at McCoy & Sparks will fight hard to advocate for your rights to ensure you receive the compensation you deserve.
You owe us nothing unless we recover compensation for you. Make the right call to (844) 4KY-WINS for a risk-free consultation with one of our attorneys today.