Slip and Fall Accidents in Retail Stores: Who’s Liable?

A slip and fall accident refers to an incident where a person falls over or trips as a result of a dangerous condition on someone else’s property, and is injured as a result. Slip and fall accidents are common in retail stores, where customers can trip over objects in aisles, slip on spilled liquids or foods, or fall due to snow or water tramped in from the parking lot. When a customer is injured in a slip and fall accident, determining liability and who is at fault can be complicated. The injured person will need to prove that the business owner acted negligently in order to receive compensation.

Liability Depends on Negligence

In slip and fall claims, the injured person must prove the retail store owner acted negligently. This means the owner failed to take reasonable care to prevent dangerous conditions, didn’t fix known hazards, or failed to warn customers about potential dangers. If the owner took reasonable precautions and the customer should have been aware of obvious hazards, the owner may not be liable. The specifics of each case determine where liability rests.

Known vs Unknown Hazards

Retail store owners are expected to be aware of any dangerous conditions on their premises and fix potential hazards. If a store owner knew about a spill or tripping hazard but failed to clean it up or warn customers, they can be considered negligent. However, owners aren’t expected to be aware of hazards that just occurred. If another customer spilled something moments before and the owner wasn’t aware yet, they may not be liable. The key factor is whether the owner knew or should have known about the hazardous condition.

Obvious Hazards

Even if the business owner was negligent, they may not be liable if the dangerous condition was obvious. For example, a clearly visible spilled puddle of liquid on the floor that a customer ignores and subsequently slips on may absolve the owner from liability. The law expects people to take reasonable precautions for their own safety. However, hazards that blend in like flooring in disrepair may not be deemed obvious.

Poor Maintenance and Housekeeping

Improper maintenance and housekeeping can also lead to falls. Retail store owners are expected to implement reasonable cleaning, maintenance, and safety protocols. Failing to fix tears in carpeting, address known tripping dangers, put mats down to soak up rain and snow in an entrance, or properly clean floors could be considered negligence. The customer will need to prove the owner didn’t take proper care in maintaining the premises and fixing hazards.

Inadequate Lighting and Shelving Dangers

Stores must also maintain adequate lighting and safe shelving and displays. Customers can trip over improperly stacked shelves, merchandise protruding into aisles, and other display dangers. Insufficient lighting can also obscure tripping dangers. If customers routinely bump into low-hanging signs or trip over cluttered floors, the owner may be on notice that better maintenance and housekeeping is needed.

Building Code Violations

Violations of local building codes including having missing handrails, uneven stairs, or other dangers can also lead to liability. The injured person can argue the owner didn’t meet safety requirements. Building codes set minimum standards for safety that businesses must follow.

Premises Liability Laws

Premises liability laws determine who is at fault for injuries on someone else’s property. These laws aim to balance the property owner’s responsibility to provide safe conditions with the visitor’s responsibility to take reasonable care themselves. The injured person must prove the owner breached their duty of care. Owners are not expected to prevent any possibility of injuries. But they must show they took reasonable steps to minimize foreseeable dangers.

Proving Liability

To prove the retail store owner is liable, the injured person must:

·         Show the owner owed them a duty of care to provide reasonably safe premises

·         Prove the owner breached this duty through negligence

·         Show the breach of duty actually caused the accident

·         Demonstrate they suffered physical, financial, or emotional harm

Even with strong evidence of an owner’s negligence, they can raise defenses arguing that they fulfilled their duty of care, the hazard was obvious, or the customer’s own negligence caused the accident. Having experienced legal counsel is critical to demonstrate negligence and liability and recover maximum damages.

Talk to us today if you have slipped and fallen in a retail store. You can visit our offices at the following addresses:

·         7176 Hodgson Memorial Drive, Savannah, GA 31405 

·         320 East Clayton Street, Athens, GA 30601 

·         197 14th St. NW, Suite 200, Atlanta, GA 30318 

·         110 Traders Cross #226, Okatie, SC 29909 

Or call now for a free consultation on (800) 529-1441.