Articles Posted in Slip and Fall Accidents

A person can fall and get injured for a variety of reasons—icy walkways, uneven pavement, intoxication, and even a bad knee or hip—to name a few. When the accident is the result of another’s negligence, the injury victim may be entitled to compensation for medical expenses, pain and suffering, and lost wages. But proving that someone else is responsible for your injury isn’t always an easy task. Read on for more information about slip and fall injuries and how to prove that another party is liable.

Proving Liability

To prove liability in a slip and fall case, you must be able to show that one of the following two situations contributed to your injury:

• The owner of the property, or an employee of a company, should reasonably have recognized the hazardous condition, such as an icy walkway or uneven pavement, and repaired the problem, but failed to do so.
• The owner of the property, or an employee, caused the hazardous condition (i.e. spilled a slippery substance on the floor of a grocery store) and should have reasonably foreseen that someone could be injured if the condition wasn’t removed or repaired.

If, for example, you slipped on a substance that had been spilled only moments earlier, and a wet floor sign had been placed beside the spill while an employee went to get cleaning supplies, you may have a difficult time proving negligence. A Boston slip and fall attorney can help you determine how to proceed if you’ve been injured due to another’s negligence.

Important Questions to Consider

In order for a slip and fall case to be successful, the responsible party must have failed to act in a manner that a reasonable person would have acted in under the same or similar circumstances. To determine this, you should ask yourself the following questions:

• Did the dangerous condition exist for a long enough time that a reasonable person could have removed or repaired it (consider the spilled substance example above)?
• Did the owner of the property perform routine checks and maintenance on the property? If so, did he/she keep a log?
• Was there a justifiable reason for the hazardous condition, and was it still present at the time of the accident?
• Could the potential danger have been lessened with preventive measures, such as blocking access to the area or placing warning signs next to the hazard?
• Did poor lighting contribute to the accident?

The above questions can help you and your attorney determine whether or not negligence played a role in your injuries, and who may be liable. A MA slip and fall lawyer can help you recover damages if you’ve been injured due to another’s negligence.

Helpful Tips

In addition to the questions above, you can improve your chances of success by following the tips below:

• Take pictures of the scene of the accident. If you are unable to do so, ask if a witness can help. Photograph anything that contributed to the accident, such as a wet floor or debris in a walkway, and any injuries.
• Ask witnesses for their contact information. If you decide to file a lawsuit, witness testimony can be invaluable to your case.
• Write down everything that happened before you forget the details. Memories fade surprisingly fast.
• Seek medical attention immediately following the incident. An official medical record will help to substantiate your claim.

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In November 2013, Suzanne Barnum was injured when she tripped over a pallet jack in a Home Depot store in Joliet, Illinois. As a result, she is suing both Home Depot and an outside vendor for her injuries. In this particular case, the question of who left the pallet jack in the aisle has been difficult to answer. At the time of the incident, employees of Glenn Walters Nursery were in the store, and may have been assisting with the pallet jack. However, both nursery employees and Home Depot employees deny that they were responsible for leaving the pallet jack unattended. According to evidence, it could have been an employee of either company.

The home improvement retailer requested that Barnum’s injury and liability claims be dismissed, arguing that they are “based on speculation and, therefore, have not created a genuine issue of material fact showing that either defendant breached its duty of ordinary care to plaintiff.”   Both Home Depot and Glenn Walters Nursery requested summary judgment, which is appropriate when a plaintiff fails to prove key elements of his or her claim.

“More Likely than Not”

Magistrate Judge Susan E. Cox denied the request for a summary judgment, writing that: “In this case, the court finds that plaintiff has pointed to sufficient evidence in the record from which it can be inferred that either defendant was more likely than not to have left the pallet jack in the aisle of the garden center.”

The home goods giant and the local nursery have cited Piotrowski v. Menard in their arguments. In the Piotrowski case, a customer tripped over planter stones that had spilled onto a walkway at a Menard’s store. However, the stones could have ended up on the walkway for a number of reasons, including simply rolling out of the nearby planter, or that a customer or child moved them. In Barnum’s case, however, the explanations as to how the pallet jack ended up in the aisle are limited. Customers are not allowed to use or move pallet jacks, so the chance of anyone other than an employee or vendor being involved is slim to none.

Witness statements suggest that an employee from either company could have left the pallet jack in the aisle. There is evidence that nursery employees used it that morning, but also that a Home Depot employee helped them. Both continue to deny responsibility. A Boston personal injury lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

“Glenn Walters Nursery’s internal communications suggest that it was a Home Depot employee, which is sufficient evidence to infer that it was more likely than not Home Depot that was responsible for leaving the pallet jack in the aisle, thereby defeating its motion for summary judgment,” wrote Cox. However, such evidence doesn’t exonerate nursery employees. As such, Glenn Walters’ request for summary judgment was also denied.  Continue reading