You may be entitled to compensation if you have been injured after slipping and falling in a store. Retailers are governed by the Occupiers’ Liability Act. They owe a positive duty to keep their customers safe while shopping. Retailers are not required to eliminate every possible danger. However, they are required to take reasonable steps to ensure customers are safe while shopping on their premises.
Often, department store slip and falls occur on rainy days after water accumulates on hard slippery flooring. Department store slip and falls are also common in the produce section. A fruit, for example, may fall onto the floor and create a hazard.
Slip and fall litigation against department stores is very fact specific. There are numerous factors, which could influence whether a specific department store’s behaviour has been unreasonable. Generally, department store litigation hinges on the adequacy of a maintenance and inspection program. If a store has reason to know a particular area is hazardous, that store has an elevated responsibility to inspect and clean the hazardous area.
It is imperative that customers stay vigilant while shopping in risk prone conditions/places. If it is raining, assume flooring will be slippery. If you are shopping for produce, keep an eye out for loose fruit and vegetables. In the past, damages awards have been reduced because slip and fall victims were not paying sufficient attention to their surroundings.
About the Authors
Jordan takes deep satisfaction in advocating for those who have been affected by serious personal injuries. His practice focuses on motor vehicle collisions, occupiers’ liability, product liability, municipal liability, medical malpractice, wrongful death, accident benefits, and long-term disability claims.