By law, the businesses cannot be held responsible for accidents due to a slip and fall unless the company or its employees failed to meet the legal duty of care. To sue for a slip and fall injury that happened at a business location, one must be able to prove that the business was legally at fault.
Businesses Must Pay Customers The Highest Duty of Care
Liability for customer accidents that happen in a business establishment depends on the customer’s status, who is invited there for the company’s commercial benefit. A customer must be provided more care than anyone else who may visit the company.
Businesses Must Exercise Ordinary Care
The court knows that businesses can’t prevent every accident from happening. Instead, it is the responsibility of the business to exercise the same amount of care as a reasonably prudent person. This includes guarding against foreseeable problems, taking reasonable precautions and warning customers of dangers. Therefore, businesses must inspect, maintain and warn customers to prevent possible slip and fall accidents. One can recover damages for most types of personal injury only if he/she can prove that the business failed in fulfilling the above duties.
Circumstances Determine The Type of Suit
People may face personal injuries in a variety of ways. Every business establishments can be sued for slips, falls and collisions. Restaurants can be sued for breach of implied warranty for food poisoning or for putting improper items into the food. The owners of a business can be sued for poor hiring, supervision or training of employees. However, each state has its own laws determining the standards of care that can apply in any personal injury case involving a business.
Customers Can Also Be at Fault
Sometimes when a slip and fall occurs at a business, it is not only the fault of the business but also the fault of the customer(s). A court can determine whether the accident that resulted in the injury was due to the fault of the customer(s) or the business. Damages will be reduced by whatever percentage of fault the court assigns to the complainant.
Call the Reinken Law Firm for Slip and Fall Injury Lawyers
Do you need a slip and fall injury lawyer for your slip and fall case? Contact the Reinken Law Firm today. You can call us at 203-541-0090/ 203-418-7037/ 203-491-4404 or contact us online to schedule your free consultation. As a slip and fall lawyer with more than two decades of experience, Eric Reinken has the skills needed to help you. We do not charge a fee unless we win your case.