slip and fall

Can a Business Owner Be Held Liable When a Customer’s Mess Causes an Injury?

Can a Business Owner Be Held Liable When a Customer’s Mess Causes an Injury?

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Business owners have a legal responsibility when it comes to maintaining a safe environment for its customers, visitors and invited guests. When a business owner fails in that responsibility, and a person is injured on the property, the owner or property manager can be held financially liable. If you are injured in a slip and fall accident at another person’s business or on their property, you must be able to prove negligence on the part of the owner before you will be able to file any type of premises liability claim. What about when a customer’s mess is what causes the injury?

Liability in a Personal Injury Accident on a Business Site

Fault in a slip and fall or injury accident at a store, restaurant, office building, theatre or other place of business does not automatically fall with the business owner. In some instances, an accident can simply be just that, an accident. If one customer leaves a mess which causes another customer to be injured, who is liable? Is it the business owner? Is it the other customer?

While the customer’s mess in this scenario may have been responsible for causing another customer injury, liability has still must be investigated. If the business owner had no knowledge of the potential hazard, or no reasonable expectation that he or she should have been aware of the danger, then the injured party has no grounds to file a lawsuit or claim against the business. If the customer who left the mess had no ill-intent behind doing so, it is unlikely that party could be held liable.

Elements Which Must Be Proven in a Premises Liability Claim

To file a premises liability claim against a negligent business owner, you must have proof of each of the following:

  • The business owner owed a duty of care to you, the injured customer
  • A breach of that duty occurred, and
  • Your injury was directly caused by the breach.

Even if you are able to prove the business owner owed a duty of care to you, and that he or she failed to fulfill that duty, you are unlikely to win your case if it is necessary to prove that the injuries were a direct result of this breach. In the case of another customer’s mess causing your injury, it would be necessary to prove that the property owner was aware of the hazard and failed to remedy it.

What to Do If You Sustained Injury at a Place of Business

The first thing to do after sustaining injury at a place of business is report the accident to the business owner or manager. Do not lay blame or admit fault, simply report the facts. If you did not receive emergency medical care at the scene of your accident, go see your doctor right away for a medical evaluation and to be treated for your injuries.

You should also hire a skilled premises liability lawyer who can answer any questions you may have, advise you of your legal rights, determine whether you have a valid premises liability claim and if so, help you seek maximum compensation for your injuries and losses.

It’s Not Just Customers Who Can Slip and Fall; Employees Also Face Risk

It’s Not Just Customers Who Can Slip and Fall; Employees Also Face Risk

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slip-and-fallThe busy holiday shopping season coincides with the onset of winter weather in Virginia, which can create slippery walking surfaces in and around shopping centers due to rain, snow, ice and snowmelt. While this can create a treacherous situation for customers, it can also lead to slips and falls for retail employees during their busiest time of the year.

These slips and falls by employees at shopping centers, malls, stores and other retail establishments can lead to workers’ compensation claims, not to mention painful injuries for employees.

According to the National Institute for Occupational Safety and Health (NIOSH), risk factors for slips and falls in the workplace include: ice, snow and rain; loose mats or rugs; spills; poor lighting; and walking surfaces in disrepair. NIOSH recommends taking steps to prevent workplace falls, such as placing signs when surfaces are wet, using slip-resistant mats, installing proper lighting and choosing flooring material that will reduce the chance of falls.

The Cost of Slips and Falls on the Job

Falls are serious business for employers and employees. Statistics from the National Floor Safety Institute indicate:

  • Falls account for more than 8 million emergency room visits, and slips and falls account for more than 1 million visits, or 12 percent of all falls.
  • Fractures often are the most serious consequences of falls, and occurring in 5 percent of people who fall.
  • Slips and falls represent the primary cause of lost days from work due to occupational injuries.
  • Slips and falls are the top cause of workers’ compensation claims and are the leading cause of occupational injury for people age 55 and older.
  • According to the Consumer Product Safety Commission, floors and flooring materials are the direct cause of more than 2 million fall injuries yearly.
  • 85 percent of worker’s compensation claims stem from employees slipping on slick floors, according to Industrial Safety & Occupational Health Markets 5th Edition.

Preventing Falls at Retailers

Zurich Services Corporation’s “Slips, trips and falls for retail,” offers a 10-point program meant to guide to help retail management teams reduce and control slips and falls in the retail environment. It indicates that business owners or managers must work to maintain safe walking surfaces at all times, especially when snow and ice are present.

The guide recommends slip-resistant flooring for retail outlets, citing studies that indicate 80 percent or more of the moisture on employees’ and customers’ shoes can be removed with the addition of quality entrance mats at store entrances.

The guide also reported that the average workers’ compensation claim value for slip, trip and fall accidents over a five-year period was $26,460, with falls related to ice and snow having an average claim value of $28,218.

Making a Claim for Workers’ Compensation After a Fall

In Virginia, all workers, including retail employees, may be eligible for workers’ compensation benefits if they have a slip-and-fall accident while on the job. If you need emergency medical treatment after the accident, make sure to tell the medical team you were injured on the job.

If you have been injured on the job in Virginia, you should file a claim with the Virginia Workers’ Compensation Commission. You should report the injury to your employer immediately – no later than 30 days from the date of the accident – and file a claim with the commission within two years of the accident.

Your employer may arrange for you to see a doctor after your accident. The employer should also file a report of the accident within 10 days. It’s also a good idea to seek help from an experienced workers’ compensation lawyer if you have suffered a fall while on the job.