A question we’re commonly asked: who is liable in a slip and fall accident?
There’s no simple answer. To determine who’s at fault for a slip and fall accident, you need to look at the what, when, why, where, how, and who of the case.
Here at Schneider Williamson, our attorneys have litigated (and won) numerous slip-and-fall cases over the years. Let’s walk you through a real slip-and-fall case that our firm handled so you can get a better idea of how these types of lawsuits can play out.
About Schneider Williamson
Schneider Williamson is a personal injury litigation firm based in Atlanta, Georgia. The firm handles litigation, discovery, and mediation for a wide variety of personal injury cases, including slip and fall accidents, car accidents, traumatic brain injury, and more.
The Accident
Disclaimer: Names have been changed to maintain confidentiality.
Olivia worked at the cosmetics counter in a Macy’s department store, which was located in a shopping mall.
On her lunch break, Olivia went to the shopping mall’s food court. There was a puddle of spilled soda near one of the food kiosks. Olivia — who was older and wearing heels — didn’t see the spill and accidentally slipped on it, suffering a broken foot.
Out of the Frying Pan; Into the Oven
Olivia needed surgery to repair her broken foot, but the required surgery had a known risk: neuroma, a painful condition when nerves are damaged or irritated during a surgical procedure.
“Unfortunately, she developed neuroma,” says Campbell Williamson, a founding partner at Schneider Williamson. “It took two more surgeries to correct that. So the complications from surgery ended up being worse than the original injury.”
Olivia’s career slipped away from her.
She had worked at the cosmetics counter, a job that required her to be on her feet for long hours. Her foot was in bad shape after the accident, so that line of work was no longer an option for her. She had no choice but to leave her job.
“This was really her life doing this job,” says Cambell. “It was all she had ever done. She was really good at it. So, what the insurance company thought was a minor injury is actually a tragedy that seriously affected her livelihood.”
Who’s at Fault?
The case was ultimately referred to our team at Schneider Williamson. We tried to figure out why the accident happened, and whether it could have — and should have — been prevented.
The shopping mall (and their insurance provider) refused to provide compensation for Olivia. They argued that Olivia should have noticed the spill and that her filing a lawsuit was another frivolous example of American litigiousness.
“It often happens in slip and fall cases,” says Jason Schneider, another founding partner of Schneider Williamson. “The argument is, she should have seen it, it’s not our fault, we don’t know how long the spill was there so we didn’t have enough time to clean it up.”
Pushing Back
Argument #1
Our team investigated the circumstances that caused the accident and discovered that the shopping mall owners and operators had noticed the spill in the food court but had not cleaned it in a timely manner — even with maintenance and security employees having noticed it. No wet floor sign had been posted, either.
“The mall argued that our client should have seen the spill and avoided it,” says Jason. “But we felt that the landlord — in this case, the owners of the mall — had a superior duty.
“They know that there’s always going to be spills in a food court, and they have a responsibility to be vigilant in cleaning wet surfaces, especially around lunchtime when there’s many people eating at the food court.”
Argument #2
Our team also pushed back against the notion that Olivia should have noticed the spill.
“When people are visiting the food court, they’re not looking down at the floor,” says Jason. “They’re looking at the menus for each food kiosk, and it’s very busy around lunchtime, so they’re keeping their eyes ahead of them to make sure they don’t run into anyone. They’re too distracted to notice hazards on the floor.”
Argument #3
The mall argued that they should be absolved of liability because Olivia’s worst injuries were not caused by the fall — they were caused by a surgical procedure.
“It was not a situation where the doctor committed malpractice,” says Campbell. “Neuroma was a known risk factor for that surgery that Olivia had to do. It’s just something that can happen. If the shopping mall had been more vigilant in keeping their premises safe, then Olivia wouldn’t have fallen, and she wouldn’t have needed that surgery in the first place.”
A Missing Video
There was one final twist in the case: surveillance video of the accident had mysteriously vanished.
The video evidence could have proved that the spill had been there for a long time and that employees had not cleaned it in a timely manner.
It’s unclear why the video footage wasn’t preserved, but our team felt like it put Olivia at a disadvantage.
“There’s a legal concept called spoliation,” says Jason. “If you can show that a defendant was aware there was an accident, and they were supposed to hold onto certain documents — like video footage — then you can get the court to issue a spoliation order.
“The judge gives charges to the jury that says the defendant has evidence; they were supposed to hold onto the evidence, but they didn’t, and that harms the victim’s case.
“We secured a spoliation order because the shopping mall owners didn’t retain the video. It certainly helped in securing a favorable settlement for Olivia.”
The Slip and Fall Settlement
Our team ultimately secured a confidential, seven-figure settlement for Olivia. The settlement will help her pay for medical bills and make it easier for her to get back to a better place in life following the loss of her job.
“We felt the defendant had certain duties under the law,” says Cambell. “And sometimes these cases are a matter of holding them to those duties, as much as they try to wiggle out from underneath them.”
What you can learn from this case is that slip and fall accidents should not be regarded as “fact of life.”
It’s the responsibility of property owners and managers to create safe conditions for employees and visitors so people don’t suffer an injury that takes away their livelihood — like what happened to Olivia.
“Come visit our building one day when it’s raining,” says Cambell. “You will walk inside and walk past 10 different wet floor signs before you get to the elevators.”
“Because it’s a building filled with attorneys!” says Jason.
Need help with a slip and fall accident? Contact Schneider Williamson today and set up a free consultation, or learn about referring cases to us.