Mega-retail store Target recently received media attention for a lawsuit filed against the store by a customer who fell and severely injured herself while shopping with her husband. The customer claims she was walking down an aisle in the store when she slipped and fell.
The customer claims the slip and fall accident was the result of a poorly maintained aisle within the store. Specifically, the complaint filed with the court stated the aisle provided an unsafe, dangerous and unmaintained walkway. As a result, the customer sought damages to help cover medical bills and other costs associated with her injuries.
The store responded by settling the claim instead of pursuing a court battle. Although the exact amount is unknown, reports based on the Notice of Removal filed in April of 2012 put the settlement at over $75,000.
Businesses must be safe for customers
Businesses, like Target, have a duty to ensure that their property is safe for the customers they serve. Dangerous conditions like slippery floors, torn carpeting and unmarked steps can lead to injury. Although there is no set formula to determine when a business owner is liable for injuries suffered in his or her store, there are some basic guidelines.
Businesses are generally held legally responsible for an accident if they knew or should have known about the condition that led to the accident.
Determining what to do after a slip and fall accident can be difficult. This is particularly true in situations where the business "should have known" about the condition that led to the accident. In order to satisfy this requirement, the court essentially applies the theory of common sense. This is done by considering whether the business took reasonable steps towards keeping the property safe.
Determining who is liable in a slip and fall accident
Additional issues can arise when attempting to determine what entity is liable for the damages that result from treating a slip and fall injury. When the injury results at a business, the owner may be liable. However, if the store is leased the property owner may also be liable as well as a management company.
Navigating through these issues can be difficult. If you are injured in a slip and fall accident it is important to contact an experienced Connecticut slip and fall accident lawyer to discuss your situation. This legal professional will be able to help you hold the property owner or business liable for their mistake and better ensure you receive the compensation you are entitled to.