WHEN CAN YOU SUE A BUSINESS AFTER A FALL?
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If you fall down and sustain an injury in a store or business, do you automatically have a case to sue them for damages? Not necessarily. In order to have a strong case, you must be able to prove three important things:
- There was an unsafe condition
- The unsafe condition cause your fall.
- The Business knew or should have reasonably known about the unsafe condition
Just because you fall in a store doesn’t mean you can sue the storeowner.
You must be able to show that there was an unsafe condition in the store, such as a wobbly railing.
The unsafe condition caused your fall. If you slipped on a broken heel or tripped over your own shoelaces on a business’s property, you cannot blame the business for that! Rather, you must be able to show that the unsafe condition caused your accident. For example, if you were leaning against a railing at a business, and it broke, causing you to fall and injure your back, it is clear that an unsafe condition (the broken railing) caused the fall.
The business was negligent.
Now you must prove that the business was negligent, meaning they knew about the unsafe condition and did not fix it or warn people, or that they should have reasonably known about it. Using our current example, if you ran full strength into the railing and it broke, causing you to fall, it is likely the business would not be considered negligent. They couldn’t have known you would run into the railing. However, if the railing was wobbly for days before your accident and the business did not put up a clear warning sign or rope off the area, then you have a strong case.
To learn if you have a strong personal injury case, contact Albrecht & Albrecht at (951) 693-3132 or click the link below.