Store Owners' Liabilities in Slip and Fall Incidents
The Tennessee Injury Lawyer Blog has posted an article about a shopkeeper's liability in slip and fall incidents. While this pertains to Tennessee law and not Alabama, they still offer valuable insight.
Store owners are generally not insurers of their customers' safety, as this would "unfairly expose an otherwise diligent shopkeeper to unlimited liability." For a legitimate slip and fall suit to be brought against a store owner, it must be proved that he had knowledge of a hazardous situation.
Trying to figure out what somebody actually knew, however, can be an impossible task. It can also be difficult to find evidence that the defendant had constructive knowledge. To prove the defendant should have known of a hazard, the plaintiff often has to show how long the slippery condition had existed prior to injury or the proximity of an employee to the hazard.
The owner's previous behavior could also help in proving whether or not they had previous knowledge of the situation. For example, if they allow trucks with oil leaks to unload at the front of the store and are aware of the slippery area, they may be showing negligence.
Just because no one was there to see you fall doesn’t mean you’re out of luck. A shopkeeper has a duty to exercise reasonable care under all the circumstances. If the shopkeeper knows that other customers or employees have created risks that are preventable, he may indeed be liable to you for your injuries.
