DiLorenzo & Rush | Counselors of Law
Stepping Up & Standing Out

Did a property owner’s failure to inspect cause your injuries?

On Behalf of | Jan 23, 2022 | Personal Injury

A slip-and-fall or trip-and-fall accident can occur anywhere. A retail store may have torn carpet that causes you trip, a medical office may have a freshly mopped floor that isn’t marked as wet, and spills in a grocery story can be hard to notice until it’s too late. The ramifications of one of these mishaps can be tragic, too, leaving a victim with serious injuries, significant financial losses due to medical expenses and lost wages, and mental anguish. That’s why depending on the circumstances of your case, legal action may be justified.

The duty of care

In order to succeed on one of these slip and fall claims, you’re going to have to show that the property owner owed you a duty of care and that duty was breached. If you were harmed in a business, such as a grocery store, then you’re considered an invitee and are owed the highest level of care. This means that the property owner has a duty to identify and correct any known hazards as well as reasonably inspect the premises to identify any unknown hazards.

Addressing reasonable inspection

How, though, do you prove that a business failed to engage in reasonable inspections when it claims that it was unaware of the hazard that caused your injuries? There are a number of steps that you can take to position yourself for success here. For example, you may want to try to obtain access to store surveillance footage, even if via subpoena, so that you can see for yourself how frequently store personnel walked the floor to identify hazards. Maintenance logs and other documentation, as well as witness accounts, can also be pivotal here.

Remember, too, that once a hazard is identified the property owner should not only work to remedy it, but also warn customers of the dangerous condition. So, if a grocery store aisle has a spill, some sort of warning sign should be posted as employees work to clean it up.

Know how to position yourself for a successful premises liability claim

Premises liability cases have a lot of legal nuances that can be confusing to those who are unfamiliar with the system. That’s why if you’ve been injured in a slip and fall accident you may want to discuss the circumstances of your case with an attorney who can help you navigate the legalities of your situation and build the strongest case possible. Hopefully then you’ll be well positioned to recover the compensation that you need and deserve.