When a customer suffers serious injuries after a fall inside of a store, he or she may be entitled to compensation if the fall was due to the negligence of the store. There are many instances when a slip and fall case is not viable. After a slip and fall incident, those who are injured should consider contacting a Personal Injury Lawyer in Phoenix for a free consultation. During this initial meeting, the victim can find out if he or she has a viable case. If there is a viable case, the Personal Injury Lawyer may offer to accept it on a contingency basis. This means the victim owes nothing unless there is a settlement or jury award.
To determine if a slip and fall victim has a viable case, the Personal Injury Lawyer in Phoenix has to determine if the store employees could have prevented the accident. Store owners have a duty to keep the shopping areas safe. That means the aisles in a store have to be monitored for spills and other hazards from time to time. If a spill on the floor was not cleaned up for many hours, the store would probably be found negligent since workers should have discovered and cleaned the spill. On the other hand, a customer who falls within a minute after a spill does not have a viable case. It is not reasonable to expect that a store can discover and clean up a spill within a minute.
Another possible issue that the lawyer has to look at is whether or not the injured customer was partially or completely negligent. For example, a customer who falls while running through the store will likely be found partially or completely negligent. A customer has a duty to avoid hazardous areas. If the customer can see the spill and tries to walk through it anyway, then the customer assumed the risk of traveling through hazardous floor conditions. That is why stores and restaurants put out warning signs when floors are wet.
The best way for a slip and fall victim to find out if there is a viable case is to talk to an experienced personal injury attorney during a free consultation. At that time, the victim can get definitive answers on whether or not to pursue a personal injury claim against the store. For more information, contact Law Office of Jay A Bansal.