Slip and Fall Cases: Duty of Care
Stores like Wal-Mart, Kroger and Target owe their customers a duty of care to maintain the floors in a reasonably safe condition for their customers to walk on. For example, lets say that you were injured in a Wal-Mart in Rockwall, Texas and sustained injuries. Now, just because you were shopping in a store and you fell does not mean that you can sue Wal-Mart for your injuries. Generally, a Plaintiff has to prove that Wal-Mart had either actual or constructive knowledge of the dangerous condition that posed an “unreasonable risk of harm” and that Wal-Mart failed to take steps necessary to protect their customers from the dangerous condition.
The law in these circumstances talks about “duties” and we must determine what was Wal-Mart’s duty under the circumstances which led to the slip and fall. The duty that Wal-Mart would have here is a duty to protect their customers from an unreasonable risk of harm. How can they violate this duty? This duty can be violated in three different ways:
- Defendant placed a foreign substance on the floor that is walked on.