The low-priced retailer Dollar Tree was sued this past summer by a father of a boy who slipped and fell in their store in Gretna, Louisiana. The
suit claims the son slipped on some liquid and fell to the floor, sustaining personal injuries. The lawsuit states that the store “failed to properly maintain the premises, failed to warn of hazards, failed to adequately inspect property, placed their customers in a perilous situation, created a defect, failed to properly oversee employees, and failed to correct a hazard.” The plaintiffs are seeking an undisclosed amount for “physical pain and suffering, mental pain and suffering, loss of enjoyment of life, disability, loss of function, and scarring and disfigurement.” Read the lawsuit in Louisiana Record here.
The lawsuit is just one of a number of slip and falls that the retailer has been involved in over the years.
A Slip & Fall In Various Places
What is a slip and fall accident? A slip and fall occurs when someone slips and falls and is injured on another’s property. This can happen in various places: Inside and outside personal property, inside and outside of commercial and retail property, and even on public property in certain circumstances. These cases fall under the area of law known as premises liability.
Slip and falls in a retail establishment can happen in a number of ways: water or grease on the floor, torn carpeting, uneven surfaces, loose bricks or wood planks, poorly lit walkways and stairs, and escalator malfunctions, are some of the more typical. Under state laws, retailers are generally expected to use reasonable care to keep their premises reasonably safe from hidden dangers or hazardous conditions that they think may cause injury. Quickly cleaning up liquid or grease from a store’s floor is a perfect example of how a store should be looking out for its customers, read more here about wet floors.
Your Slip & Fall Case In Court
Winning a slip and fall case is not easy. Regarding a retailer, a plaintiff can file a negligence suit and must show along the lines that the defendant knew or should have known about the dangerous condition, did not regularly inspect the store or provide adequate maintenance, that the plaintiff would not have been injured without the dangerous condition, there was a connection between the dangerous condition and the shopper’s injuries, and that the plaintiff actually suffered injuries because of the condition.
The retailer’s defense can include, that there was no dangerous condition or owner had no prior knowledge or took reasonable steps to correct the condition, the condition did not cause the injuries, the condition was so obvious the customer should have known to avoid it, or the condition existed in an area of the store where customers are not allowed. If you are in Philadelphia and need to know how to win a slip and fall case that was not your fault, go here.