Slip and fall accidents are unfortunately common in retail stores and can result in serious injuries, including traumatic brain injuries (TBIs). When a customer suffers a brain injury from a slip and fall, determining liability can be complicated. This article examines some of the key factors in establishing fault.
Duty of Care Owed by the Store
Retail stores have a responsibility to keep their premises reasonably safe for customers. This includes having procedures to identify slip hazards like spilled liquids, keeping floors clean, promptly cleaning up spills, and using wet floor signage. If a store fails to take reasonable precautions to reduce slip risks, they may be found negligent. However, stores are not expected to prevent any possibility of slips. Customers also have a duty to watch where they are walking.
Evidence of a Hazard
To prove the store’s negligence, the injured customer must show evidence that a dangerous condition existed which the store failed to correct or warn about. This could include eyewitness testimony, security footage, or photographs of the hazardous spill. If there is no evidence that a substance was on the floor before the fall, the store will not likely be deemed liable.
Notice of the Danger
For a store to be at fault, they must have either known about the hazard or reasonably should have known about it. If staff had recently inspected the area and not noticed the spill, the store may not be liable. However, if the spill had been there long enough that reasonable diligence would have identified it, the store may share in responsibility.
Comparative Negligence
Most states follow comparative negligence rules, meaning the injured person’s actions are also considered. If a customer was not paying proper attention when walking or was wearing inappropriate footwear, their comparative negligence may reduce the store’s share of liability. However, the store may still bear the majority of responsibility if their negligence regarding a dangerous condition was greater.
Proving Causation
The customer must also prove their brain injury was directly caused by the slip and fall, as opposed to being an existing condition. This typically requires testimony from medical experts linking the symptoms to a trauma at the time of the fall. Pre-existing medical records will be reviewed.
Duration and Severity of Injury
The nature and duration of the brain injury will impact the damages if the store is deemed liable. Mild trauma like a concussion may warrant relatively less compensation compared to permanent, debilitating brain damage. Expert testimony on the prognosis will help establish the extent of the injury and needs for future care.
Determining fault for a brain injury slip and fall requires looking at the specific circumstances of the incident and actions of both parties. While stores have a duty to provide safe premises, customers also need to exercise reasonable care when walking. Liability is often shared, with the percentage depending on the severity of each party’s negligence.
Proper legal representation is key for obtaining a fair outcome, which is why it is vital to talk to us about your injury.
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