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Taking legal action after an accident

On Behalf of | Jun 22, 2023 | Premises Liability

Wet floors and torn carpets are among the hazards that you’ll likely experience while spending time in a Hawaii shopping center. If you slip on a wet floor, trip over a torn carpet or fall for any reason, you may be entitled to compensation depending on the facts of your case.

There was a hazardous condition

Whether you obtain compensation or not depends on whether the property owner knew of the hazardous condition or should have known about it. Alternatively, whoever was managing the store at the time of the accident might be liable for damages if that manager knew or should have known about the condition. For example, if an employee said that the floor was wet, someone should have been tasked with drying it or putting up a wet floor sign. If it was raining or snowing outside, a reasonable person should have known to put carpets near the entrance or take other steps to minimize the risk of floors becoming wet and slippery.

You did nothing wrong

In addition to proving that the property owner knew of a hazardous condition, you’ll need to prove that you didn’t contribute to the accident. For instance, you may only receive a partial award in a premises liability case if you ignored a wet floor sign or were paying attention to your phone when you tripped.

You were allowed to be there

Generally speaking, you are allowed to be in a grocery store as it is a public place. However, this may not be true if you were trespassed or tried to enter the store outside of business hours. The same may be true if you tripped in the parking lot controlled by the business while approaching the store when it was not open for business.

If you are hurt in a slip-and-fall accident on someone else’s property, you have two years from the date of the incident to file a lawsuit. Doing so may enable you to collect compensation for hospital bills, lost wages or other damages caused by another party’s negligence.