If you have been injured because of a slip or trip and fall at a business, store, or other property, you may have a case against the business, store, or other property. However, just being injured on the premises of a business, store, or other property does not mean that you are automatically entitled to compensation.
In order to prevail on a slip and fall case, the person has to show that the store or business knew that there was a dangerous condition or should have known that there was a dangerous condition. In addition, if the store or business created the dangerous condition -- then the person can recover as well.
For example, if someone in the store spilled a cup of water on the floor and the store clerk saw it and decided to finish stacking the shelves instead of cleaning up the spill, the store would be liable if a customer slipped and fell on the spill which resulted in injury. If, however, the store had no idea that someone spilled water and a customer slipped and fell on that spill shortly thereafter, the store would not be liable to the injured person.
It is always wise to notify the manager of the store that you have been injured before leaving the store. Otherwise, it will be difficult to prove how and when the accident occurred. There may also be videotape from the store of the slip and fall which may prove helpful in winning your case. If you delay in notifying the store, this videotape may be lost. You need to keep in mind that when you give a statement to the store that your statement can be used against you later at a trial or deposition.
It is also important to note and write down any statements made by the store personnel or management. Sometimes a store employee will make an incriminating comment to the injured person which can later be used to show that the store had notice of the dangerous condition.
If you think that you have a premises liability case against a store, business, or property owned by another, please contact the experiences lawyers at Koon Cook & Walters, LLC to discuss your case. We will listen to your story and answer all of your questions