Premises Liability – Trip And Fall Accident Observations

Be advised that if you are considering pursuing a personal injury case due to aslip, trip or fall on someone else’s property that you may be prevented from recovering if the owner can show that the dangerous condition was “open and obvious.”  In other words, that it clearly should have been seen by you.

Everyone has a duty to watch where he or she is walking. Even a shopper (who is what we call in the law a business invitee) , has a duty to watch where he or she is walking. However, in a business such as a grocery store where the patron’s eyes are intentionally refocused to items on the shelves, there may be an exception. This is because a shopper’s eyes are purposely being diverted for the benefit of the store. In cases like this, stores should take extra steps (no pun intended) to make sure the aisles are clear of all hazards. Stores have a greater duty to a “business invitee” than a regular property owner would have.

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