Water or other fluid on the floor is one of the most common causes of slip and fall accidents which result in injury. Restaurants, bars, hotels, conference centers, shopping malls, etc., may be held liable when water or other fluid on a floor causes a slip and fall accident.
The key in slip and fall cases involving water on the floor is proving that the owner or property owner either knew about the condition or should have known about it under the circumstances.
In order to prove that the owner knew about the condition there must be some evidence that an employee had actual knowledge of the water/fluid on the floor at some time before the accident occurred.
In many slip and fall cases, it will be difficult to prove that the owner knew about the condition before the accident at issue occurred. In addition, the length of time that the owner knew about the condition before the accident occurred must be reasonable to impose liability. A few minutes or hours might not be sufficient to hold the store owner liable. However, knowledge of a recurring problem may be enough to prove that the owner should have known about the problem.
Proving that a Store Owner Should Have Known about a Slip & Fall Hazard in Pennsylvania
Ohl v. Texas Roadhouse was a 2012 Pennsylvania Court of Common Pleas case in Northampton County. There, a customer slipped and fell on water on the floor in a restroom at the defendant’s restaurant. While there was no evidence that restaurant employees actually knew about the water on the floor before the accident, there was ample evidence that the owner should have known about the problem.
In the case, the plaintiff proved that the owner knew that the floor had a tendency to be slippery even when dry and that there were 5 previous slip and fall accidents in the bathroom.
Every slip and fall accident case is unique and liability often depends on the facts and circumstances of the case. For more information, contact a Pennsylvania slip and fall accident lawyer.
- Pennsylvania Slip, Trip & Fall Accident Law
- The Timeline of a Slip & Fall Lawsuit in Philadelphia
- Proving the Extent of a Head Injury in a Slip and Fall Accident Case
Philadelphia Slip & Fall Accident Lawyers
Schwartz & Blackman has been representing the injured and their families for over thirty years in slip and fall accident cases. Our firm offers a free consultation for all Pennsylvania and New Jersey injury and accident victims. Call now and ask for your free consultation. 215.925.4451
Schwartz & Blackman handles fall down accident cases in the Pennsylvania and New Jersey area:
- PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
- NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.