Mr. A, who lived in New Jersey, fell and suffered serious injuries from water standing on the floor while shopping at a famous mart. At the time, there was no warning sign, and the manager of the mart also said that he would compensate for the damage later, so he gave the manager his contact information and came home. When there was no call after a few days, when he contacted the mart directly, they hung up and told him to speak to the mart’s lawyer. A few days later, Mr. A. contacted Mart’s lawyer, but after receiving an answer that they could not provide it, he gave up the next procedure for damages.
There are times when many Koreans are reluctant to hire a lawyer. he was trying to solve the case on his own without the help of a lawyer for various reasons, such as because he was uncomfortable with English, because he has judged it to be a small case, or because he was burdened with the cost of hiring a lawyer. However, many people do not know that these in-store falls can be compensated by claiming surprisingly large damages. In fact, in a famous case in California in 2012, a customer who tripped over spilled soap on the floor at a large supermarket sued the supermarket, won and received over $400,000 in damages.
All business owners have a premises liability to maintain safe premises. This means that businesses that operate with the public, from large stores like Target and Walmart to local corner stores, have a duty of care to ensure that most people on their premises are “reasonably” safe. Conversely, if the store has taken reasonable care for the safety of its customers, it also means that the store is not unconditionally liable for damages if the store is injured in the store. Therefore, it is necessary to look at whether the business has fulfilled this duty of care before it can claim damages for the injury.
To show that a business has failed to exercise reasonable care, it must prove several things. One of them is to establish that the business owner or employees were maintaining the premises in an unusually hazardous condition. For example, if a product falls off and gets caught on a customer’s feet because an employee has displayed products in a disorderly manner, or if a customer trips because the store manager makes the store unusually dark. Or, it is to prove that the store owner or employees did not directly create conditions that exposed them to these hazards, but did not take appropriate action when the hazards arose. For example, if a customer slips because an employee neglected snow accumulated at the entrance, or if a customer steps on and falls because a previous customer left spilled food on them, as in the case above, another customer did not clean up the spilled water and another customer fell. cases, etc.
Again, however, not all of the foregoing circumstances indicate that a business has failed to exercise its reasonable due diligence. In the case of obvious obstacles, it is not the shopkeeper’s responsibility if a customer trips over such obstacles and falls. In the case of water, it is often difficult to notice unless you look closely. This is why it is always a good idea to put up a yellow caution sign in a mall or store when there is standing water. This is not only an act considering the safety of customers, but also fulfilling a legal obligation as a store owner to ensure safety. Even if there is such a sign, it is difficult to prove that the employer was not paying attention if he ignored the sign and passed by and fell.
Just because you fell for some reason at the mart doesn’t mean that all situations are applied in your favor, and you need to consider the legal factors one by one. It is recommended that you do not ignore the right to easily receive relief for damages caused by your own damage, and be sure to consult with an experienced and reliable accident injury lawyer and an accident injury lawyer recognized in the field as soon as possible after the accident. If you have any questions regarding accidental injury law, please feel free to contact us at mail@songlawfirm.com.
