Many slip-and-falls occur with little warning. Someone simply making their way through a store encounters an obstacle they did not anticipate. They lose their traction or sense of balance and fall. They may strike their head on the wall or the floor, leaning to a traumatic brain injury. They could break bones if they try to brace themselves when they realize they are about to fall.
The injuries they develop could cause large medical bills. They could also render that person unable to work for some time. In some scenarios, injured people have the option of holding a business accountable under premises liability rules. How can someone hurt in a slip-and-fall determine if a business might be liable for their injuries?
Liability often relates to negligence
The main consideration when determining if premises liability rules apply is whether the business could have reasonably prevented the incident. If someone falls because they were both drunk and in high heels on linoleum, a business may not ultimately be to blame for them falling.
However, if improper maintenance of the space made the facilities unsafe, then the business might be liable. If other reasonable people recognize that workers failed to take necessary steps to protect visitors, then there may be grounds for a premises liability lawsuit.
The failure to put rugs by an entranceway to catch water and dirt tracked in by visitors can be a form of negligence. Failing to properly anchor rugs or replace them when customers tear them or they become saturated could also constitute negligence.
Not responding when a customer spills a drink or knocks over merchandise onto the floor could constitute negligence. So could leaving exposed tripping hazards in areas accessible to customers or delaying certain building maintenance.
If an average adult might agree that the business failed to do what was clearly necessary for public safety, then the injured person may have grounds for a negligence-based lawsuit. Holding the company accountable for improper maintenance or understaffing could lead to compensation for medical expenses and other losses.
Those who understand when premises liability claims are possible can potentially defray the expense generated by a preventable slip-and-fall incident. Businesses sometimes have to compensate injured customers for their losses.