Spills not cleaned up in a “reasonable” amount of time will become hazards.
Have you been injured in a slip and fall accident in a store or restaurant? The store is probably liable for your injuries, but you do have to prove a few things in order to be sure.
First of all, it is necessary to establish that some kind of hazard was present that caused you to slip, and that the resulting fall caused your injuries. For example, maybe there was a puddle of beer on the floor in a restaurant or a cracked egg in the aisle of a market. These and other types of spills made by either staff members or other patrons can easily cause slip and fall accident injuries.
Now here comes the tricky part:
You may also need to prove how long the spill was there before you slipped on it.
Why?
Because business owners are not omnipotent or omniscient. They cannot control everything that happens on their premises or immediately become aware of every spill and hazard. However, they are expected to notice and correct spills within a reasonable amount of time. If they do not, they then become liable for resulting injuries.
How to Prove How Long a Spill Was Present
There are many possible pieces of evidence that a slip and fall accident attorney might look to in order to help establish that a spill had become a hazard.
The strongest evidence would be surveillance video of the scene, which could show conclusively when the spill occurred and when the victim fell. Eyewitness testimony as to when they saw the spill occur or noticed its presence could also be very helpful.
Examining the spill itself could also help establish its age. For example, if there were already footprints tracked through it, if the edges of the spill had dried, or if a frozen item had melted to create the spill, it stands to reason the spill had been present for quite some time.
It may also be productive to establish that the premises owner had a negligent attitude towards inspections and maintenance. For example, if their maintenance logs are obviously fabricated or if the floor is very dirty, it might stand to reason that a spill could be present for hours without anyone noticing.
How Long is Long Enough?
Typically, any spill that is left for 20 minutes or more is considered old enough to have exceeded the “reasonable” amount of time allowed for a property owner to clean it up. However, there have been cases in which the hazard was present for less than two minutes and the plaintiff still secured compensation.
The best way to determine if you have a strong case for compensation following your injury is to consult a skilled slip and fall injury like Fernando D. Vargas right away. Attorney Vargas can help you secure important evidence and create a strong argument for fair compensation.
