Slipping and falling is never a fun event to have happen to you. If it is in the presence of others, the thought of people looking and pointing and laughing is enough to make any person turn red with embarrassment. But, what about the injuries that can occur from a slip and fall? Should those be unwarranted and left alone?
In any San Diego slip and fall case, the injuries that can occur carry true risks, no matter the location or time of day. Even if you are in a store or supermarket, a San Diego slip and fall case can have long-term effects that can alter your everyday activities. As such, it is important that you contact the staff or store manager if you have fallen within a store, and be ready to take them for compensation due to their negligence if it is found to be a cause.
What constitutes a slip in fall in stores?
Although slip and fall cases are fairly common, the definition and cause of a slip and fall accident can be a bit murky. If you happen to slip and fall within a store or supermarket, many would assume that you did it to yourself, and without any other help. After all, how can you slip and fall on something that many others would have seen?
In these instances, a slip and fall is categorized as a “premise for a liability claim based on a person slipping due to another's error and misjudgement.” As such, if a slip occurs inside of a supermarket, the cause of the slip and fall must be made known. Did it occur due to a spill from the milk aisle? Or was it due to your own misguidance, as you missed a sign stating that it was slippery and unstable? In either case, it is important to notify the store manager of the slip and fall, as well as what the reason was if there was damage done to either party.
Notifying the store manager of the slip and fall accident is the correct response to the situation and issue at hand. If you are a consumer and/or customer at the store, the store has an obligation to them to keep them out of harm's way. This includes posting up proper warning signs that warn of a particularly slippery spot on the floor, or quickly notifying customers in the store about a spill that has happened on aisle 8 inside of a supermarket. In both instances, notifying the store manager allows them to take care of the spill or cause, and also understand that an incident report will be made.
Does it matter if it a large or small business?
The size of the store, and who runs it, is of no consequence. No matter the size or people, they have a duty to you, as a person within their establishment, to be warned of any hazardous areas, and to have any spills, problems, and issues sectioned off, away from customer steps and views.
What may change is how it is brought to court. A larger corporation may attempt to take you the entire way if they see it fit. They can drag you through weeks and months of litigation just to try to not make it worth your while. A smaller chain, such as a family-run store, may attempt to settle outside the courts, as it will save them time and energy in the long run as well. In either instance, the compensation will be paid to you, the injured, as long as you are persistent in the case.
What if they try to brush it off?
If a store is attempting to brush off the case, then you should continue to push for a case. Many companies and corporations will attempt to brush off these incidents so as to not look bad in the general public. This is also partially the reason why slip and fall events are classified as “Never Events”, as they should almost never happen at all. So, if they do occur, then they will attempt to find a way to blame it directly on you, or on another, unrelated reason.
If the owner, or company, wishes to just attempt to brush off your claim, you may be able to use that as a right to claim negligence on the part of the company, which will increase the amount that they will have to pay you through compensation. Many claims tend to be focused on the accident itself, as well as the reasoning behind the accident. Although negligence is grounds for the claims, a company that is found within negligence on their own means can be sued for much more, as it would appear that they are intentionally allowing such accidents and slip-ups to occur with their knowledge.
Hold the store Liable
Through all of this, it is important that you know that you have a right to hold the store liable for the damages incurred from the slip and fall case. A store that allows the public to access their inventory and stock have a duty to ensure safe and practical methods used on their property. If you are injured, or the injury was caused due to a lapse in their judgement and safety protocol, then they are at fault, and are liable for compensation for injuries. They may push for you to give up the case, but make sure to not give in. No matter if it's a large company, or a small mom and pop's shop.
If you were involved in a slip and fall accident, contact us at 1-800-219-3577. We are experienced slip and fall lawyers and will provide you with a free no obligation case evaluation.