LAW OFFICE OF
A PROFESSIONAL LAW CORPORATION
PERSONAL INJURY ATTORNEY
Menifee, Wildomar, Perris, Lake Elsinore, Murrieta
Slip and Fall Attorney
FIVE THINGS YOU SHOULD KNOW ABOUT A SLIP AND FALL ON A BUSINESS OWNER'S PROPERTY
Much of what surrounds a “Slip and Fall” is the concept of reasonableness. A business owner needs to take reasonable precautions to prevent harm to others. The business owner has a duty to inspect the premises, warn of any known dangers and make safe of any known dangers. A business owner is usually not strictly liable for an accident, thus if a grape had just recently fallen on the ground, they have a duty to inspect the floor in a reasonable period of time and pick up the grape when they notice it.
2. The "Banana Peel Case"
An old case regarding timeliness of floor inspections is the “banana peel” case. In that case the color of the banana peel was the big issue since it helped determine how long the banana peel was on the ground. Therefore, if the banana peel was dark, it had been there awhile and the business owner should have realized that and prevented it from being a risk to customers.
3. Company Sweep Cards
Most companies like your local grocery store, have certain guidelines for their employees to inspect, sweep or mop the floor on a regularly and timely basis. Even though business may have these precautionary measures, they must still follow them and other related practices to show that they were reasonable in their attempts to prevent unsafe conditions for their customers.
4. Contributory Negligence
Another issue, when the person who fell because of the business’ unsafe conditions, contributed to their own harm. Sometimes, a business will assert the fact that the person who fell, did so because they wore slippery shoes or sandals, or that they knew that there was a dangerous condition and voluntary proceeded to engage in the risk. If the person did contribute to their own harm, under CA Law that person’s recovery can be reduced by the percentage of which they were themselves at fault.
5. If you fall, what you should do.
If you do fall in a business, you do not need to give them any reasons why you fell or facts that can hurt your case. Be polite and give them your name and contact information but nothing more is necessary. Next, see a doctor. Injuries caused by a “slip and fall” can be traumatic and cause severe pain and discomfort. Sometimes the extent of the injury is not known until some future date. So, even if you feel OK you still may have suffered a traumatic injury.