Businesses that open their facilities to the public have numerous risks to address. In some cases, visitors might engage in misconduct for which the business could be at least partially liable. Other times, there may be a reason to worry about shoplifting at a retail establishment or people leaving a bar or restaurant while under the influence and then causing a crash.
There is also the small but concerning possibility of a visitor slipping and falling while visiting or patronizing the business. Frequently, slip-and-falls are relatively minor incidents that don’t result in any serious injuries or costly property damage. However, sometimes same-level falls are particularly severe, especially when the person involved is an older adult. In some cases, those hurt in a business may try to bring a premises liability insurance claim later or might even file a lawsuit against the company.
When is a business potentially vulnerable to premises liability claims related to a slip-and-fall?
Negligence may lead to business liability
It is possible for someone to get hurt at a business due to their own poor choices. Running through a store or engaging in horseplay are examples of decisions that could increase someone’s likelihood of falling and getting hurt. A business typically is not to blame in situations where people cause their own injuries through bad choices or where they get hurt due to a fluke accident.
Still, businesses can be liable for slip-and-fall injuries if the person who fell can convince others that the establishment was somehow negligent. Negligence in a premises liability case often relates to facility maintenance. The failure to keep a business clean, to maintain the floors in good condition and to address any spills that occur might lead to claims of negligence.
In those situations, the business could potentially face a premises liability lawsuit or a costly insurance claim. For a claim to hold up under scrutiny, a reasonable person typically has to agree that the business failed to do something that was clearly necessary for the safety of visitors. Not every slip-and-fall scenario meets that standard.
If a visitor files a report about an incident where they slipped and fell, careful documentation of the circumstances can help the business prepare for the possibility of a financial claim in the future. The injured person may try to make compensation claims based on property damage losses, including broken devices. They may also seek compensation for medical expenses and any lost wages that result from their injuries.
Business owners and managers who are aware of what circumstances increase the risk of premises liability claims can better train and manage their workers to mitigate organizational risks. Responding proactively to premises liability claims can help to prevent financial setbacks and higher insurance premiums.