In a decision handed down on May 31st, the California First District Court of Appeals decided in favor of a customer who had slipped and fallen in a Safeway store, in spite of the fact the lower court had thrown the case out.  According to the Court's decision, the fact that the aisle where the accident happened may not have been inspected for a period of 20 minutes raised an inference there may have been negligence.  Even though the store had a custom and practice of regularly inspecting the sales floor, the facts of the case revealed this may not have been done for a period of 20 minutes before the customer fell, because of water from an unknown source on the floor.   The case had been dismissed on a motion by Safeway, essentially arguing that they had neither actual nor constructive knowledge of the water on the floor.  The appellate court reversed.

What this case demonstrates is something critically important under California premises liability law.  Before liability can be imposed on a business, in the case above a grocery store, it must be shown that the defendant had actual or constructive notice of the presence of a "dangerous condition", such as water on a tile floor.   The essence of a constructive notice claim is that the condition existed for such a length of time that it could and should have been discovered upon reasonable inspection.  What the court held in the case above was that the definition of reasonable inspection is nowhere precisely set forth in the law (either by statute or case law) so it should be left to the sound discretion of a jury to determine.  In short, this case is a reminder that the burden is often on the retailer or other business owner to prove a lack of notice.  The burden on the injured party is sometimes limited to showing the existence of the dangerous condition and that it was the cause or a contributing factor in the happening of an accident.

Compensation for the victims of slip and fall accidents, caused by a retailer's negligence in not regularly inspecting their sales floor, should be an important concern for all Californians. When a business patron is injured because regular and frequent measures were not taken by a business owner to keep the property safe, the owner should be held accountable and compensation paid to the victim.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 years of experience handling slip and fall cases, including just this type.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a slip and fall at a business that could have been prevented?

This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Slip and fall accidents are unfortunately common, especially in places of business. The familiarity we all feel within or just outside our home is often lost when we patronize an unfamiliar place of business. This is particularly true in a retail environment where the walking surface can be significantly altered by slick tile, a wet floor or some sort of spill. A fall on hard ground can often be devastating and cause such injuries as broken ankles, knees and wrists, and even traumatic brain injuries. When these injuries and the resulting damages are caused by a business owner's negligence, the patron should do everything they reasonably can to ensure they will be compensated. Otherwise, the physical, emotional and financial impact could be life-altering.

As simple as these recommendations sound, they are sometimes difficult to accomplish in the aftermath of an injury-causing fall. Perhaps the most important evidence gathering to be done is in documenting the cause of the fall. If at all possible, the patron (or someone with them) should take at least a cell phone camera picture of anything on the walking surface that might have caused the fall. This would include any tripping hazards (such as a protruding piece of concrete or flooring, etc.) or slipping hazards (such as liquid on a tile floor, etc.). If there is any evidence at the scene that the condition came from a particular source or has been in existence for some period of time, that too should be documented, ideally with photographs. In every instance, it is important to report the accident to the business owner promptly. A delay in reporting often raises doubts as to the happening of the accident, and it deprives the business owner of the opportunity to do their own investigation into what may have caused the accident. Finally, the injured party should always seek medical attention unless the injuries are clearly superficial. Any visible sign of injury (bruises, cuts, etc.) should be documented with photographs at the earliest opportunity.

When a fall victim presents the above documentation to their injury attorney, that lawyer will likely have a much better chance of proving his client's case and obtaining an optimal recovery. Medical expenses and lost wages may be reimbursed, and the client's pain and suffering will be fairly compensated in that scenario.

Have you or a loved one been injured in a fall caused by someone else's negligence?

Compensation for the victims of fall accidents, caused by another’s negligence, should be an important concern for all Californians. When a fall occurs on someone else’s property because of the owner’s negligence, the owner should be held accountable. An Orange County injury lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 19 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.

This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.