Woman Sues Target After Slip and Fall in Houston Store
A woman alleges that she was injured after a slip and fall accident in a Houston-based Target. The accident occurred on July 1st. According to the complaint, Target employees left a slippery floor out where customers could potentially get injured. As a result, she suffered injuries to her head, back, legs, and more. The plaintiff alleges that there was no warning of the potential hazard and that Target employees failed to address the mess.
Slip and fall cases, while common, can be difficult for plaintiffs to prove. This is because they have to show that the business entity in charge of the area committed some form of negligence. Below, we’ll discuss what needs to be proven in a successful slip and fall lawsuit and the prospects of this lawsuit being successful.
When is the Proprietor Responsible?
In a slip and fall accident, a proprietor can plead ignorance. In other words, they can say that they simply didn’t know that the problem was there or didn’t have enough time to address it. The plaintiff must show that they either knew about the dangerous condition or should have known about the dangerous condition.
In the case of large department stores such as Target, the floor would be under constant surveillance while the Target was open for business. That surveillance footage would be subpoenaed by the plaintiff’s attorney and if they can show that an employee walked past it without addressing the problem, then the plaintiff would have a solid basis on which to file a complaint.
On the other hand, the employee might say that they were on their way to get a mop or a caution marker to warn customers about the problem and remedy the dangerous condition. If the video surveillance shows that the employee went directly to a mop and was walking back to the slippery floor with the items required to remedy it, then it would be hard to claim that the store or its employees were negligent.
This is because the defendant acted “reasonably” given the situation. If the same employee walked past the slip hazard and then started stocking shelves, the plaintiff would have a much better case.
Defenses to Slip and Fall Accidents
Even if the defendant did not act reasonably and left the dangerous condition out on the floor, the store can still claim that the plaintiff contributed to their own injuries by not watching where they were going. For instance, if a plaintiff was looking at the cell phone when they slipped and fell, they may be assigned some of the blame. However, that does not absolve the store from maintaining a safe premises.
Talk to a Houston Personal Injury Attorney Today
If you’ve been injured on-premises after a dangerous condition was left unaddressed, talk to the Houston personal injury attorneys at Livingston & Flowers, P.L.L.C. We represent plaintiffs in lawsuits against negligent property owners. Give us a call to set up a free consultation.