Many slip-and-falls don’t result in serious injuries. However, some of them do. People can break bones, sustain soft tissue injuries or even incur traumatic brain injuries when they fall. Particularly when an injured person has major medical expenses and lost wages, they might hope to hold a business or property owner accountable.
The ability to do so depends on the circumstances that led to the injury. Typically, those hurt in a slip-and-fall only have grounds to take legal action if they can prove that the business was somehow negligent.
What is negligence?
To determine whether or not a business was negligent, it is necessary to understand what constitutes negligence. In cases that might result in litigation, there is a clear standard for negligence.
The plaintiff needs to show that the defendant did something that a reasonable person could see was unsafe. They could also theoretically take legal action if the business failed to do what reasonable people recognize is necessary for safety. There are many forms of actionable negligence that can result in a slip-and-fall at a business.
Failing to put down rugs by an entranceway can be negligent. So can allowing the rugs to become saturated, dirty or wrinkled. The rugs themselves can become a tripping hazard if the business doesn’t clean and maintain them properly.
Lighting can also be a consideration, especially on staircases. People need to see any obstacles ahead of them if they are to navigate the stairway safely. Darker spaces can hide spills and other obstacles that may result in people falling.
Tripping hazards are another issue that people may acknowledge as negligence. Power cords, unshelved merchandise and a variety of other items left on the floor could predictably result in people tripping and then falling.
Spilled merchandise, dropped beverages and even dirt that people track in from outside can also all become slipping hazards if businesses do not invest in proper cleaning and facility maintenance. Failing to schedule enough workers to maintain the space could also constitute negligence in some cases.
The party hoping to hold a business or property owner accountable for a slip-and-fall generally needs to show that there were unsafe property conditions that other people might recognize as a risk to visitors. Provided that there is evidence of negligence, an injured person who suffered a slip-and-fall incident may be able to pursue compensation.
Reporting the incident, seeking medical care and talking about an injury to a legal professional can all be ways for those injured by a slip-and-fall to hold the right party accountable. Negligent business management practices are the underlying cause of many slip-and-fall incidents.