Operating a business that is open to the public is a reality that inspires an assortment of different risks. Retail establishments, for example, could face shoplifting issues or robbery attempts. Business owners also have to worry about the possibility of visitors and patrons blaming the company when they get hurt.
Under premises liability rules, property owners and businesses are sometimes liable when people sustain injuries due to unsafe property conditions. That being said, people with injuries sometimes try to avoid personal accountability by blaming others for the consequences of their own decisions.
Many premises liability claims begin with a slip-and-fall incident where a visitor loses their balance and ends up hurt. Businesses can sometimes defend against slip-and-fall premises liability claims by showing that visitors created the situation that resulted in their injuries.
How might visitors at businesses increase their risk of slipping and falling?
Wearing unsafe shoes
Footwear is not just about fashion, despite what many people claim. Wearing shoes in businesses is mandatory for safety purposes. The soles of shoes protect people from injuries if they step on something sharp. They also help people maintain their traction while walking on slick surfaces, including tile or linoleum. People who choose to wear stilettos and other types of high heels, flip-flops or shoes that do not fit them in public places put themselves at increased risk of serious injury. Their footwear can potentially cause a slip-and-fall incident or exacerbate minor risk factors.
Engaging in unsafe behavior
Slip-and-falls often occur because of the activities of patrons at a business. Maybe they run through the aisles, trying to complete their shopping trip as quickly as possible. Perhaps they engage in horseplay, such as grabbing at or wrestling other people. If witness statements or store cameras capture footage of people engaging in clearly unsafe conduct immediately before they fall, the individual who fell rather than the business may be to blame for the incident.
Visiting while intoxicated
People frequently visit businesses while under the influence of drugs or alcohol. They may then make poor choices or experience impaired equilibrium because of their intoxication. In scenarios where an individual’s appearance, statements or medical records make it clear that they had ingested mind-altering substances before a slip-and-fall incident occurred, they may ultimately be to blame for their own injuries.
Evaluating the details of a situation precipitating a premises liability claim with a skilled legal team could help a business develop a viable defense strategy. Before settling or admitting fault, companies may benefit from determining whether an injured patron may have caused their own injuries.