Duty To Keep Floors Clean In Businesses Negligence

In a state that follows the mode of operation rule such as connecticut or washington an injured plaintiff can show a prima facie case of a retailer s negligence by putting forward evidence that the defendant s mode of business operation gives rise to a foreseeable risk of injury and the plaintiff was injured in an accident within the zone.

Duty to keep floors clean in businesses negligence.

When one party owes another party a duty such as a shopkeeper s requirement to keep the floor clean and deviates from that duty they are considered negligent. For example although harm may have been caused if there was no duty to act there is no negligence. Almost everyone has fallen down at some point and most of us have taken a spill many times throughout our lives. According to the national safety council an estimated 9 million individuals in the united states go to the emergency room every year due to injuries they suffered from slip and fall accidents.

Stringer involved a number of interesting issues that are relevant to all occupiers of commercial premises. The defendant had a duty to either act or not act in a specific way. The duty of care in some situations the question of whether someone is legally liable for injuries may turn on whether there is a duty of care to protect against injuries for someone who is not expected to be in the place where the accident happens. A breach is demonstrated by showing the defendant failed to act reasonably when compared with a reasonable person.

It s important to keep in mind that this reasonable person is hypothetical and does not actually exist. This relationship is crucial to proving negligence in a personal injury lawsuit. This duty extends to keeping the floors clean and dry so you do not trip and fall and maintaining walkways and guardrails. Negligence is the legal basis for most personal injury and accident.

Proving negligence after a slip and fall. Or if it can be shown that the duty to act had nothing to do with the harm that it was not the cause of the harm negligence cannot be charged. A relationship is created based on the duty of care to the other person or people around you. If this negligence causes injury to the other party or parties then they may be held liable for damages.

An obvious example is the slip and fall case where water or food is left on the floor. California sets forth 5 elements that must be present to prove negligence. The defendant breached. Businesses owe invitees a legal duty to exercise reasonable care to protect them against danger from a condition on the premises that creates an unreasonable risk of harm of which the owner knew or through reasonable care would discover.

Once duty has been established negligence plaintiffs have to demonstrate that the defendant breached that duty. An on duty cleaner employed by the independent cleaning contractor of the occupier had been changing a bin bag a minute prior to the incident occurring seemingly depositing some liquid to the floor surface at that time. What many people do not realize however is that the duty to keep customers and visitors safe can also extend to keeping you safe against the actions of other people.