There is no legal duty of an injured person to notify the store owner, but it certainly is a very smart and an important thing to do for a number of reasons. It would document on the store’s end that there has been an incident. It would eliminate their ability to accuse the injured person of having made up the whole incident. Secondly, most stores should have formal policies or procedures on what to do when someone falls or for any kind of incident in their store and it is important that they be put on notice that there was a fall, because it then creates all those obligations for that store owner.
One of those obligations, under their own policies and procedures is to check the surveillance cameras in the store to see if the fall was captured on video and to preserve the footage if it was. If someone does not tell a store employee then they will not be looking for that footage and in most instances, after a certain period of time which could be as few as a couple of weeks, those cameras record over and that footage of the fall could be lost forever.
When Is It Appropriate To Seek Out An Attorney After Being Injured In A Slip And Fall Accident?
If you are injured and you feel like there is something wrong, then by all means contact an attorney who has experience and the knowledge in slip and fall cases. I cannot think of a circumstance where you would not want a lawyer involved helping you because the other property, especially if it is a commercial property is certainly going to have an army of lawyers trying to defeat your claim.
What Are The Components That Constitute A Viable Slip And Falls Injury Claim?
With a commercial property because they invite people in as customers, they have the highest duty to provide a safe environment for their customers. That part of the case is usually fairly clear cut. What we want to see is evidence that we can show, what was the defect, and was it there for a certain period of time. If the store or other employees did something to cause that dangerous condition, then you do not need to show how long the condition had been there, because the defendant store caused that condition themselves. But, we are looking for evidence that can establish that the store should have been aware or was aware of the defective conditions. As in any case, the injury suffered has to be significant enough so that the potential recovery for the injured person outweighs the costs of going to litigation.
How Do You Determine That A Store Owner Should Have Known About A Dangerous Condition On Their Property?
Commercial property owners have an obligation to be monitoring their properties at all times for any dangerous conditions. As long as the dangerous condition was there for more than a few minutes then that commercial property owner would be responsible. Likewise, if we can show that they caused the condition, because their employee let water spill out of a bucket or something like that, then we can prove that they should have known about it. When it comes to residential properties, it comes down to the type of defect we are discussing. If it is an uneven sidewalk and it is uneven because tree roots have pushed one side of the sidewalk up then we know that it is not something that happened overnight. So we know that the property owner would have known about that. If the higher section of a sidewalk has a discoloration on the side of it that means that the raised part has been exposed to the elements for a period of time and that would prove that there was enough notice. It is really very fact specific.
How Would Comparative Negligence Or Contributory Negligence Impact A Premises Liability Case?
People have a general obligation to look where they are going and be aware of certain factors in their surroundings. There are times when a dangerous condition can be so bad that paradoxically, the court could say that this is what is called an open and obvious condition and you cannot sue because you should have seen the situation of the area and avoided it at all costs.
What Are The Biggest Challenges That Clients Face In Slip And Fall Cases?
The biggest challenge client’s face in slip and falls would be establishing how long a defective condition was present before they had their fall. There are times when there just is not enough good evidence, if there is any evidence of that, we certainly would work to develop it. That is certainly going to be the biggest hurdle that anyone faces in these types of cases.
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