No one thinks they will slip and fall when they enter a store, but it can happen. When it does, the thought crosses your mind - "Is the store liable?" In most cases, the store is liable for your slip can fall accident.
However, a store is not always liable for your slip and fall accident. Therefore, you will need to engage the services of a reputable and experienced personal injury attorney in Kentucky. To better understand if a store is liable for your slip and fall accident, it is important to learn more about prominent slip and fall cases that have happened in the past, but before that a brief overview on what slip and fall accidents are.
Understanding Premises Liability
Premises liability, a legal term used to describe slip and fall accidents, means that it is the responsibility of the business owner to maintain a safe environment for their customers who visit their store.
The business owner needs to inspect the property to ensure it is safe for customers. Every business owner has an idea on the types of things in the store that can pose a danger for their customers. They need to tailor the measures they take to maintain a safe environment for their customers.
Examples of Slip and Fall Accidents
Here are a few of the common slip and fall accidents your personal injury attorney can assist you with:
v Allowing customers to push and shove each other to get the item before someone else does
v Allowing several people into the store at one time
v Leaving paper towels on the floor of the bathroom
v Leaving shopping carts in the parking lot
v Leaving water or any liquids on the floor of the store
v Not cleaning and removing ice, snow, or leaves from the floor of the store or any place where customers walk
v Placing product displays close to each other
v Products that fall from the aisles
v Trees or other debris that fall on the sidewalks and other places
v Using floor wax that is too slippery
Prominent Slip and Fall Cases
Here are a few high-profile slip and fall cases that require the assistance of a qualified personal injury attorney:
1. Costco and The "Pot Sticker" Case
In 2011, a customer with the help of their personal injury attorney filed a case against Costco that came to be known as the "Pot Sticker" case in California. The customer slipped on food that left them with an injured tailbone.
The employees at the store were handing out free food samples to customers nearby. The injured party stated that it was the store's responsibility to inspect the floor more frequently than after every hour, as the customers were walking around the store freely eating the food. However, the injured party lost the case because the jury concluded the hourly inspections of the floor was sufficient.
2. Costco Employee Negligence
In 2012, a customer filed a case against Costco in California. The customer slipped on a pool of liquid soap left on the floor of the store, causing them to shatter their kneecap. The woman told the court that several employees working at Costco had passed the pool of liquid soap on the floor, but failed to take any action to clean it. The jury sided with the injured party, awarding them with over $400,000 in medical expenses, suffering, and pain.
3. Injured in Florida, Case in New York
In 2009, a customer from New York visited the Costco in Florida. The customer slipped on ice drink on the floor, causing a serious back injury. The customer filed a lawsuit against the Costco in New York.
Even though Costco tried to get the case shifted to Florida, as that is where the slip and fall accident occurred, the judge denied their request. The ruling was in the customer's favor, as they did not have to travel to Florida while injured. The court wanted Costco to bear the expenses required to shift the case to Florida.
4. Hartner vs. Home Depot
In 2002, a customer filed a case against Home Depot in Pennsylvania. The customer was walking around the store, pushing the shopping cart, when the cart hit a manhole cover concealed by water, causing the cart to tip over. Home Depot, in their defense, placed the blame on the customer, stating that they were at fault for the slip and fall accident.
However, the jury disagreed and found the home improvement store was 95% at fault for the slip and fall accident. The jury estimated that the customer should receive $1,000,000 in damages, leading the judge to order the home improvement store to pay $950,000 for the customer's injuries. However, the case was later remanded for a redetermination of damages.
5. Home Depot: The Deleted Evidence Case
In 2011, the Baynes vs. Home Depot slip and fall accident in Pennsylvania, a customer sued the store when they slipped on an unidentified substance on the floor. The customer asked the home improvement store to provide video surveillance footage, but Home Depot stated that the video surveillance footage had been deleted. Even with no video surveillance footage, the customer's personal injury attorney helped their client win $44,383.61 in damages.
6. Lowe's Home and Garden Center Employee Forklift Case
In West Melbourne, Florida, a customer shopping at Lowe's Home and Garden Center had a slip and fall accident while they were standing in the checkout line. The accident happened when an employee, driving a forklift, collided with the customer from behind. The customer suffered from several orthopedic injuries and filed a lawsuit against them through their personal injury attorney. The court awarded them $600,000 in damages.
If you have been involved in a slip and fall accident at a business, you can consult with a seasoned personal injury attorney in Kentucky for further guidance on how you can make a case against the store. You can contact Christopher Jackson Law by calling us at 859-261-1111 to schedule a free consultation with a qualified personal injury attorney.