Regular Sales Floor Inspections - A Must To Prevent Falls

In a decision handed down on May 31st, the California First District Court of Appeals decided in favor of a customer who had slipped and fallen in a Safeway store, in spite of the fact the lower court had thrown the case out.  According to the Court's decision, the fact that the aisle where the accident happened may not have been inspected for a period of 20 minutes raised an inference there may have been negligence.  Even though the store had a custom and practice of regularly inspecting the sales floor, the facts of the case revealed this may not have been done for a period of 20 minutes before the customer fell, because of water from an unknown source on the floor.   The case had been dismissed on a motion by Safeway, essentially arguing that they had neither actual nor constructive knowledge of the water on the floor.  The appellate court reversed.

What this case demonstrates is something critically important under California premises liability law.  Before liability can be imposed on a business, in the case above a grocery store, it must be shown that the defendant had actual or constructive notice of the presence of a "dangerous condition", such as water on a tile floor.   The essence of a constructive notice claim is that the condition existed for such a length of time that it could and should have been discovered upon reasonable inspection.  What the court held in the case above was that the definition of reasonable inspection is nowhere precisely set forth in the law (either by statute or case law) so it should be left to the sound discretion of a jury to determine.  In short, this case is a reminder that the burden is often on the retailer or other business owner to prove a lack of notice.  The burden on the injured party is sometimes limited to showing the existence of the dangerous condition and that it was the cause or a contributing factor in the happening of an accident.

Compensation for the victims of slip and fall accidents, caused by a retailer's negligence in not regularly inspecting their sales floor, should be an important concern for all Californians. When a business patron is injured because regular and frequent measures were not taken by a business owner to keep the property safe, the owner should be held accountable and compensation paid to the victim.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 years of experience handling slip and fall cases, including just this type.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a slip and fall at a business that could have been prevented?

This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.