If you slip and fall in a store or in a business, how do you know whether you have a potential claim or lawsuit? And who would the claim be against? This article will discuss the different theories of liability for slip and fall accidents in stores and businesses.
A store or business is only liable for a slip and fall accident on its property if
Simply because you fell in someone's store does not mean that anyone will be found negligent. There had to have been an unsafe condition. Further, in order to prove that the defendant was negligent, you must prove that it knew or should reasonably have known of that unsafe condition. Learn more about proving fault in a slip and fall case.
A very important question in store liability cases is, who can you sue? This often depends on the nature of the claimed negligence. Of course, if the store owner owns the property, then in general the only potential defendant would be the store owner. But many store owners lease their property, so you might also have a claim against the landlord/property owner.
If you slip because of some structural issue with the building, your claim would likely be against the landlord/property owner. An example of a structural issue would be a water leak. If water is leaking from the ceiling onto the floor, that is usually the landlord's fault. (Learn more about accidents on dangerous or defective property.)
But if you slip because of something that the store owner/tenant did (or did not do), then your claim would be against the store owner. An example of a claim against a store owner would be slipping on a floor that the store owner's employee had just waxed, and there were no safety cones or warning signs to alert customers of the danger.
Remember that there must be negligence in order to win a slip and fall case. The most important issues affecting negligence that come up in a slippery floor case are generally the following:
Let's look at a couple of these issues in more detail.
In order to have a reasonable chance at winning a slippery floor case, you need to understand why the floor was slippery before you leave the premises after your accident. If you don't know what you slipped on or why the floor was slippery, it's going to be very hard to win your case.
If, for example, you tell the store manager right after the accident that you don't know why you slipped, the jury is very unlikely to believe you two years later when, after consulting with your lawyer, you try to testify as to what the slippery condition was.
Here are some substances that can make a floor slippery:
As soon as you get yourself together after slipping, you should look around -- at the floor, at your shoes, and at your clothing -- to see if you can get any clues as to why you might have slipped.
In order to win a slippery floor case, you must prove that the defendant knew or should reasonably have known that the floor was unreasonably slippery. The longer the slippery condition had been present, the more likely it is that you can prove that the defendant knew or should have known about it -- and remedied the problem. The banana peel is a classic example.
If a shopper in a supermarket drops a banana peel on the floor, and you slip on it twenty seconds later, the supermarket will probably not be liable to you. Twenty seconds is not long enough for the supermarket to have learned about the slippery condition. But if the banana peel had been there for half an hour, you might have a claim against the supermarket.
Sometimes slippery conditions are unavoidable. For example, a store owner might wax the floors periodically. That is a reasonable thing to do. But floor wax is slippery. So, a "reasonableness" standard -- which governs most negligence cases -- would require that the floor waxers cordon off that area of the floor or at the very least put up a sign warning of a slippery floor. Putting up a warning does not automatically absolve the defendant of liability, but it is some evidence of lack of negligence. Conversely, failure to warn of a slippery condition on the floor is good evidence of negligence.
For more information, check out all the articles and Q&As in our Slip and Fall and Premises Liability topic.