Can a store be held liable for injuries from spills during texting?

Question from T, Can a store be held liable for injuries from spills during texting?

Answer from AI:

In the United States, slip and fall accidents, like the one your client experienced at Budget Foods, are typically handled under the legal concept of premises liability. This means that property owners, such as stores, have a duty to maintain their premises in a reasonably safe condition for customers. If they fail to do so and someone is injured as a result, the injured person may be able to recover damages.

Key Legal Concepts:

1. Duty of Care: The store has a duty to ensure the premises are safe for customers. This includes taking reasonable steps to clean up spills or warn customers about hazards.

2. Breach of Duty: To prove the store was negligent, your client must show that the store knew or should have known about the spilled soda and failed to clean it up in a reasonable amount of time.

3. Causation: The spilled soda must have been the cause of the fall and the resulting injuries.

4. Damages: Your client must prove that the fall caused actual harm, such as medical expenses, lost wages, and pain and suffering.

Role of Comparative Negligence:

In many U.S. states, including those that follow comparative negligence rules, if the injured person (your client) was also at fault in some way, their recovery may be reduced. For example, if the court determines that your client was texting while walking and this contributed to the accident, they may be found partially at fault. The amount of damages they can recover would then be reduced by the percentage of their fault.

Steps Your Client Should Take:

• Report the Incident: Document the accident by reporting it to the store management and, if possible, get a written incident report.
• Seek Medical Attention: Ensure all injuries are documented by medical professionals.
• Preserve Evidence: Take photos of the area where the fall occurred, save any witness contact information, and keep records of medical bills and lost wages.
• Consult a Personal Injury Attorney: A lawyer can help determine whether the store was negligent and whether your client’s texting contributed to the accident.

When to Seek Legal Advice:

If your client is considering pursuing a claim, it’s important to consult with a personal injury attorney. A lawyer can help evaluate the strength of the case, negotiate with the store’s insurance company, and represent your client in court if necessary.

For more information on premises liability and personal injury law, you can visit the Cornell Law School Legal Information Institute.