Slip and fall accidents can be dangerous in any circumstance, with many victims seeking compensation from property or retail owners. Jack and Sonia Smith have been on the receiving end of a slip and fall accident when Sonia slipped inside a Walmart store on November 4, 2015.
The couple claimed that Sonia was shopping in a Walmart store in Northeast Philadelphia’s Roosevelt Boulevard when she slipped on oil spilled on the floor, which was present without any warning. This dangerous situation resulted in her slip and fall accident, which ultimately led to permanent body injuries. Owing to this incident, the couple has filed a lawsuit against Walmart in the Philadelphia County Court of Common Pleas against Walmart
The couple has accused Walmart of failing to clean the surface and provide adequate warning signs about the oil spill, which could have prevented this injury from occurring. Sonia now faces multiple injuries to her hips, knees, spine and other parts of her body. Sonia is seeking damages of up to $50,000 and Jack is seeking the same amount for consortium loss.
Can The Retail Store Be Held Liable For The Slip And Fall Accident?
It is often difficult to prove fault when it comes to slip and fall accidents because of the many factors involved. To be able to prove liability against the retail store and supermarkets or property owner, the victim will need to take the following into consideration:
- The retail store or employees should have been aware of the dangerous condition and should have attempted to rectify it.
- The retail store or employees may have caused the dangerous condition.
If the plaintiff is able to prove these situations, he or she may have sufficient grounds to file a property liability lawsuit against the retail store. In this instance, the couple is attempting to prove negligence on the part of Walmart when it came to cleaning up the oil spill.
When setting out to prove that the retail store or property owner is liable for the accident, victims will also need to consider and prove the following factors:
- Was the problem present for a long time before the slip and fall accident? For instance, was the oil spill present for an extended period and nothing was done to eliminate it from the floor surface?
- How does the retail store undertake its cleaning schedule? For example, is it hourly, daily or once every few days? Proving this may help victims in their case.
- Was there any particular reason why the oil spill was there in the first place?
Could The Victim Have Avoided The Accident In Any Way?
Apart from studying liability of the property owner or retail store, victims should consider the following factors in relation to their own presence.
- Was the victim lawfully on the premises at the time of the slip and fall accident? In this particular instance, the couple claims that the woman was shopping during regular hours inside, which is a plausible reason. But if the woman had been inside after repeated requests to leave because shopping hours ended, their case may not have been as strong.
- Could the victim have potentially avoided the situation in the first place by taking extra precautions? For example, ample lighting in the store could have made the oil spill visible to the victim, so was there any way to have avoided the situation?
- Were there any warning signs around the slip and fall accident area that the victim could have missed?
- Was the victim texting or engaging in some other type of activity that could have contributed further to the slip and fall accident?
Proving a slip and fall accident isn’t always straightforward because of the myriad of factors involved. Victims planning to sue property owners or retail stores for negligence should keep in mind that injury lawsuits are governed by statutes of limitations, so swift action is necessary to ensure adequate compensation. Getting a good and experienced lawyer can help people looking to file lawsuits for slip and fall accidents.