It’s hard to imagine suffering a debilitating injury as a result of a slip, trip, or fall, but each year, thousands of people do just that. Cases like these are called premises liability cases, and All Law states that:
“If you slip, fall, or are otherwise injured in a store, you may have a valid legal claim against that business. Here’s why: Businesses that welcome the public onto their premises have a legal duty to keep them “reasonably” safe.”
Examples of Landmark Premises Liability Cases
There have been several few high-profile premises liability cases in which the injured party was compensated for their injuries.
- In 2012, a woman suffered a broken knee after slipping in a puddle of liquid soap in a California Costco. As is crucial in premises liability cases, she managed to prove that employees were aware of the soap spill and failed to clean it up. As this constitutes negligence, a judge demanded that Costco compensate the injured woman in excess of $400,000.
- In 2011, a woman tripped and fell in a Wal-Mart in Colorado. Her injuries were severe enough to prevent her from being able to perform her job as a truck driver. Wal-Mart was obligated to compensate her with $15 million.
- In 2011, Baynes v. Home Depot was a famous Pennsylvania case. In this case, a woman sued for damages after slipping and falling in a Home Depot store. The woman’s lawyer requested video surveillance from the time of the alleged accident. Suspiciously, The Home Depot asserted that they no longer had possession of the footage in question. Still, the court ruled in favor of the injured party and The Home Depot had to hand over $44,383.61.
Other Details About Premises Liability Cases
Minnesota abides by the ”comparative negligence” rule in premises liability cases. This stipulation dictates that plaintiffs be compensated in proportion to their own degree of fault in causing the accident they are pursuing damages for.
For example, if you’re determined to be 50% responsible for your fall due to negligence on your own part, the course might impose a 50% reduction of the total amount awarded for your case.
Premises liability cases can be hard to prove.
Even so, if someone slips and falls inside a business and can prove their injuries were without a doubt caused by hazardous conditions on the premises, that person stands a good chance of winning compensation.
Exceptions include incidents that were obviously staged or avoidable. The size of the settlement award will mostly be determined by the business owner’s ability to fix the situation and the customer’s ability to have avoided it.
Slip and fall accidents are one of the areas that our lawyers at the Law Offices of JD Haas specialize in.
If you’ve been injured in a slip and fall accident, we will use our skills and experience to fight for you. Contact us today to schedule a free consultation.