Slip and fall cases are not as simple as television would have you believe. Before you can recover compensation for the injuries you suffered, you have to prove certain elements. If you fell in a business, here are some considerations you need to make before you file a claim or lawsuit against the business.
Who Caused the Condition?
The first part of a slip and fall case is determining who caused the condition to exist that led to your fall. For instance, if you slipped because of spilled milk on the ground, who was responsible for the milk being on the floor?
Regardless of whether or not your slip and fall attorney can establish another customer or an employee was responsible for the milk on the ground, he or she has to show the store was aware of the milk on the floor.
Was the Store Notified?
The next part of your case depends on whether or not store employees knew about the milk. The discovery of the spill could have come as a result of a customer alerting an employee or an employee noticing the spill on the floor.
If the store is claiming that the employees were not aware of the spill, you will have to show that this is not true. You could rely on witness testimony or video showing the employee observing the spill.
If store employees were genuinely unaware of the milk, you still might have a case. Your attorney could rely on the fact that it was the responsibility of employees to regularly check the condition of the store for unsafe conditions. Your attorney could use video from the store to show that employees failed to regularly monitor the store.
Did the Store Act Reasonably?
How the store responded to the milk on the floor is perhaps the most important part of your case. Once store employees were aware of the spilled milk, they should have taken steps to caution customers to watch out for the spill and cleaned it up.
If they failed to take these actions and you fell as a result, you could sue the store for negligence. The store failed its responsibility to ensure that the building was safe for customers to visit.
Even if the employees were not aware of the spill, you could still sue for negligence. Once your attorney establishes that the employees failed to regularly monitor the condition of the store, he or she could claim that had the store employees done their job, the milk would have been cleaned from the floor.
A law firm such as Putnam Lieb can evaluate the details of your accident and help decide if you truly have a case. Even if your case does not meet one of the elements discussed, you should still talk to the attorney. Your case might be stronger than you believe.