Can You Sue For A Slip And Fall Caused By Another Customer's Spill?
If you slip and fall because of a spill caused by another customer, the store may say it's not their fault because they can't control other customers. However, the store may actually be liable for your injuries.
The Store Can Prevent Spills
It's not entirely true that the store can't prevent other customers from spilling things. Conditions in the store can make spills more or less likely.
For example, if customers have to stretch to reach something on a high shelf and can't get a good grip on it, it's more likely that they'll drop things and cause spills. Similarly, if shelves are filled too tightly, customers may have difficulty removing items without knocking things over. A store should also avoid containers that are easy to drop and that break easily when dropped.
If a store creates conditions like these, it can be liable for resulting spills that cause injuries. This is especially true when there have been repeated spills in the past and the store hasn't done anything to correct the problem.
The Store Can Change the Flooring
The store can also take other steps to make slip-and-fall accidents less likely when it can't prevent spills. For example, it's almost impossible to prevent spills around drink fountain machines because accidents do happen.
What the store can do is use rubber mats or other high-grip surfaces in those areas. While they may be harder to clean than tile floors, they'll keep customers from slipping when a drink is spilled.
These types of safety measures often fall under a reasonable duty of care to prevent accidents. That means that if a store doesn't use these safety measures, it can be liable even for spills caused by customers.
The Store Should Regularly Inspect Areas
Stores also have a duty to regularly make sure their floors are clean and dry. This means walking around and cleaning up any spills.
Stores must identify spills within a reasonable amount of time. If a customer spills something and walks away then another customer comes around the corner and slips on the spill, the store might not be liable. However, if a spill sits on the floor for hours, the store will usually be liable for not cleaning it up.
Stores can't rely on customers to report spills since they often won't. Instead, stores are liable when they don't regularly check for potential spills throughout the store.
For more information, contact a slip and fall accident attorney near you.
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