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Are store owners always responsible for slip-and-fall accidents?

On Behalf of | Feb 4, 2025 | Premises Liability

When someone slips and falls in a store, their first instinct is often to file a lawsuit against the store owner. They believe the owner is responsible since the accident occurred on their property. They may seek compensation for medical bills, lost wages and other damages.

In many cases, store owners are responsible for these injuries and may be liable for the costs. However, that is not always the case—some form of negligence must be shown.

Examples of negligence

The clearest example of negligence occurs when a store owner fails to fix a dangerous condition. For example, suppose a pipe is leaking, creating a slick tile floor. Fixing the pipe would be expensive, so the store owner neglects the issue and only cleans up the water periodically. If someone slips and falls because the cleanup was inadequate, the store owner may be considered negligent.

However, a store owner may claim they were unaware of the hazardous condition. This can be a valid defense if they genuinely did not know the danger existed and it was a short-term issue. For example, if the leak had just started and they had no knowledge of it, they cannot reasonably be expected to fix it immediately.

That said, the store owner may still be liable if it is proven that the dangerous condition existed for a long enough period that they should have known about it. If they failed to conduct inspections and routine maintenance, they cannot use ignorance as a defense. Store owners are expected to take proactive steps to create a safe environment for visitors.

As you can see, these cases can be complex, and it is important for both sides to understand what legal steps to take.

 

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