When a person falls, it’s natural to blame themselves and hope no one was watching. The last thing they may think about is what factors contributed to the tumble or whether premises liability is involved. But falls don’t “just happen,” and there are often contributing factors beyond the individual’s control that led to their accident. If a fall and resulting injury happens at a place of business, the property owner and/or the business may bear some (or all) of the responsibility.
Premises Liability After a Personal Injury at a Business
Business negligence can be a real cause of personal injury, but most of us don’t think of that possibility, instead attributing accidents to clumsiness or distraction. The fact is businesses bear legal responsibility for keeping their premises safe, including providing safe and well-maintained stairs, walkways, and moving conveyances such as elevators or escalators. Even lighting and weather conditions play a part in assuring safe passage for customers and others on a commercial property. Here’s what you need to know:
Don’t think an accident is “just an accident.” Rather than fixing the blame on yourself, understand that businesses have a responsibility to keep their property safe. Ask yourself whether it’s possible the business failed to ensure your safety through things such as inadequate maintenance, inspection, or failing to make needed repairs.
Understand businesses must follow specific safety rules. It isn’t just up to their discretion. Businesses such as stores, entertainment venues, restaurants, apartment complexes, hotels, and workplaces are governed by mandatory federal, state, and local regulations. These include
- Federal OSHA standards
- State and local building and fire codes
- Local safety ordinances
- Health department rules
- Established industry best practices
You can’t possibly know what all these rules and regulations are, but it’s important to understand that what might look “normal” could actually be a serious violation.
What looks ordinary can be a dangerous condition. Some hazards are invisible to the untrained eye. These can include improper floor slope, the height and rise of the stairs, low lighting levels, defective flooring, poorly anchored shelving, etc. Even the height and configuration of stair handrails could be in violation of safety regulations.
Don’t assume that a business is “safe.” Our tendency is to trust businesses to do the right thing and to run smoothly. But many people don’t even know what a reasonable property owner should do to ensure safe conditions. Just having safety procedures in place is not enough. Is the business following them or ignoring long-term problems?
Understand negligence happens behind the scenes. As a customer or someone who is visiting, there is no way you can know about dangerous safety issues caused by faulty internal practices such as:
- Ignored maintenance requests
- Failure to repair broken equipment
- Understaffing
- Missing or incomplete inspection logs
- Not following safety protocols
Yours may not be the first accident. Over time, an unsafe practice may result in multiple instances of accident and personal injury. Don’t assume the hazard was unexpected, or that this is a “one-off” event.
Businesses and employees tend to downplay any fault. In the wake of an accident, businesses will typically distance themselves from any liability with comments like, “this has never happened before,” or “we were just coming to clean that up.”Don’t take such statements at face value.
Businesses must warn you of potential hazards. If you’ve slipped on a wet floor or over an unexpected step without some notification of that known hazard, there may be negligence involved.
Don’t be afraid of “causing problems.” If you’ve been injured, you may be concerned about potential harm to the business if you pursue answers and possible compensation. Understand that such claims are typically handled through insurance specifically for this purpose, not directly out of a business owner’s pocket.
If you’ve been injured on someone else’s property, you’ll want to consult with a knowledgeable premises liability attorney as soon as possible. If they determine you have a case, having legal representation will help greatly in gathering needed evidence and dealing with insurance companies that work for the business. Have you been injured on a business property? We’re here to help. Contact us for a personal consultation.
