HOW WE PROVED LIABILITY IN A RECENT CASE Slipped in a Messy Grocery Store?
Hey friends, Michael here. You may know that slip-and-fall and trip- and-fall cases involve accidents on a property where the owner can be held responsible for dangerous conditions in and on their premises. When we talk about premises cases, you may think of more permanent defects or hazards like broken sidewalks … but this type of case can actually include temporary hazards like spills, too. Let’s start with evidence. There are two ways we prove a property owner is liable for a slip-and-fall case. The first way is proving they had actual notice. In other words, the owner, directly or through an agent, knew the slipping hazard was there: Someone reported it, and the owner didn’t do anything about it. In such a situation, the owner had actual notice. But what if you slip in a grocery store and you can’t prove the owner actually knew of the dangerous condition? Then, we try to prove a reasonable property owner should have known of the dangerous condition — this is called constructive notice. In New York, a property owner has a duty to keep the premises reasonably free of obvious defects and other dangerous conditions — even temporary conditions like spills. In a recent case, someone spilled juice in a grocery store aisle, and my client slipped on the spill. We have video evidence of the juice spill as well as my client slipping, but there was a gap in the video footage between the two events — was the gap one minute or 30 minutes? The Defendant grocery store denied any actual knowledge/notice of the spill. However, we were able to weaponize the footage gap during the deposition of the Defendant
grocer. Defendant witness could not account for the lost time in the video — the witness could not testify as to how much time had passed between the spill and our client slipping. Moreover, we were able to press the witness to admit the grocery store has no inspection practices in place to document the last time the particular aisle was cleaned or inspected by its employees. This meant the Defendant could not argue the spill was present for so short a time as to be considered unreasonable for the grocer to spot it and clean it. Grocery stores have a responsibility to keep their stores clean. A store that only cleans and inspects aisles at closing and before opening usually is not enough to overcome a constructive notice claim. In depositions, I always ask about the store’s inspection and cleanup practices. If I question the store manager and find out they check their aisles every 15 minutes and keep logs or checklists for each day’s inspection, then it might be considered a more reasonable time frame, and a Court may not expect the grocer to have caught the spill before the accident. However, in our line of questioning in this particular case, we were able dismantle the Defendant’s ability to claim it did not have constructive notice of the spill. This led to significantly more negotiating power and more compensation for our client. Before you assume a terrible fall is just bad luck and nothing can be done about it, please give us a call. If there is a way to win the compensation you deserve, we are determined to find it.
Leaving the nest can be tough for young adults. There are so many things to remember, like making sure they have all the right supplies and remembering to keep important paperwork. So, before your child heads off to college, help them strengthen these three skills. HOW TO ASK FOR HELP Being capable starts with understanding what you need and asking for it. By having your child order their own food at a restaurant, make medical and dental appointments for themselves, and check out at the supermarket alone, you’ll be helping your child develop independence while encouraging them to take the lead. HOW TO SEAMLESSLY GET FROM POINT A TO POINT B When your teen leaves the house, they’ll be traveling on their own on a bus, on a plane, by car, and by foot, so they’ll need to understand how to navigate airports, subway stations, bus hubs, and roads. Ask your child to give you directions when describing how to get to the mall or have them even drive you there if they are licensed. This will reduce stress during solo travels, and they’re less likely to feel overwhelmed if plans unexpectedly change. HOW TO HANDLE EMERGENCIES When children are fairly young, they learn how to call 911 in the event of life-threatening and serious emergencies. But other emergencies tend to pop up in life that don’t necessarily warrant a call to the police. Show your child how to put on a spare tire, turn off utilities, patch a hole in clothing, and other basic but necessary skills so they don’t panic when something goes wrong in their dorm room or on the road. As a parent, it’s your job to teach your children the right skills to set them up for success and independence so they can take care of themselves when they finally go off on their own. Ready to Succeed 3 Important Life Skills to Teach Your Teen
-Michael J. Mills
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