St. Paul Slip and Fall Accidents in Stores
Can I Sue A Store For Slipping And Falling On Their Property? The amount of time that most people spend in stores would surprise most consumers. We have to spend time in grocery stores, consignment stores, as well as a number of miscellaneous retail locations to purchase almost everything we use in our day to day lives yet we don’t consider the likelihood that we can be injured in these places until it is too late. Many people every year find themselves sustaining severe slip and fall injuries in a wide variety of stores across this country for a number of reasons. Negligence on the part of a store’s staff or policymakers can lead to liability for these severe slip and fall injuries depending on the nature of the accident. Not every accident where someone slips or trips resulting in injury in some kind of store or similar retail center can lead to someone suing the owner of that business. There are several conditions that must be met in order for a slip and fall accident victim to file a personal injury claim against a business. St.paul Slip And Fall Injury Accident Claims When someone slips and falls on someone’s...
Evidence in a Minnesota Slip and Fall Claim
Proving Negligence In A Minnesota Slip And Fall Claim Slip and fall accidents have the potential to happen almost anywhere. All it takes is a bit of uneven flooring or a stray power cable trailing across the ground for someone to lose their balance and hit the floor in a way that injures them. These injuries can sometimes be quite severe to the point that slip and fall accident victims end up missing out on wages, have to pay massive medical bills, and generally have to live with a great amount of pain and suffering. Many that suffer slip and fall injuries turn to the law in order to secure compensation for the damages they suffered. One of the most important parts of a slip and fall injury claim is being able to prove that whichever liable party was negligent which requires evidence. Evidence is an essential part of almost any personal injury case let alone just slip and fall injuries. With almost any kind of accident, there is some kind of evidence that can benefit the plaintiff of a personal injury claim. Those searching for evidence to help their slip and fall injury claim can draw from a number...
Minneapolis and St. Paul Sidewalk Shoveling Laws
Local Ordinances Across Minnesota Require Property Owners To Clear Snow And Ice From Their Sidewalks To Prevent Slips And Falls. In St. Paul, snow and ice must be removed within 24 hours (St. Paul City Ordinance Chapters 113-114). In Minneapolis, there are different requirements for single-family homes/duplexes and commercial properties like apartments and businesses. Houses and duplexes must be cleared within 24 hours. However, commercial buildings must be cleared within four daytime hours (starting at 8 a.m.). Many other cities in the Twin Cities metro area have similar requirements. What Happens If You Don't Shovel Snow As Required? As a homeowner or renter, you may be aware that there can be consequences for failing to remove snow or ice from your sidewalks within the required time-frame. Depending on the city, public works employees may clear the sidewalk for you and invoice you for the work. In certain cases, you may even receive a citation from the city for failure to clear your sidewalk. However, the cost of a citation or shoveling bill is very minor in comparison to the cost of liability if someone is injured because of a snow or ice accumulation on your sidewalk. People are generally aware...
Minnesota Winter Premises Liability
Minnesota Winters Complicate Many Things, Including Premises Liability Caused By Slips And Falls. Winter weather has arrived in the Twin Cities. Every year, Minnesota sees an increase in injuries and accidents when the snow starts falling and temperatures drop below freezing. One of the most common causes of winter weather injuries are stairways or entryways of apartment buildings that have not been shoveled. Landlords have a legal duty to keep these common areas clear and in a safe condition for residents and their guests. In Minnesota, property owners may also have a duty to warn people using the property of these potential hazards. If the landlord fails to clear snow or ice, or fails to adequately warn of the danger, they may be liable for resulting injuries. Premises Liability Standards The standard of care that the law imposes on landlords is “reasonable care." This is defined as the amount of care that a reasonable person would use in that situation. This implies that there are some accidents which are truly “accidental” and unforeseeable. It may be the case that the landlord did in fact exercise reasonable care. However, a dangerous condition still developed and was unavoidable. A common example of...
The Importance of Property Maintenance in Minnesota
Premises Not Maintained Can Pose A Slip-and-fall Or Other Personal Injury Risk. Each year many people are injured because of inadequate maintenance or the failure to make repairs. Especially in Minnesota, seemingly minor problems can quickly create dangerous conditions. One of the most common causes of injuries during Minnesota winters is falling on ice. Walkway Maintenance Properly maintained walkways and parking lots are flat and provide for drainage and do not allow water to accumulate and freeze. However, the freeze-thaw cycle often causes cement and pavement to crack and buckle, resulting in areas of lower elevation where water gathers and freezes. This is a problem that is commonly seen in other northern states as well. Stairs Maintenance Poorly maintained public stairways, such as those found in parking garages, apartment buildings, and playgrounds are another common cause of injury. Stairs may deteriorate and start to crumble, anti-slip coatings may wear off, or hand railings may become unstable. Of course, a fall that occurs on a stairway is usually much more dangerous than a fall on flattened ground. Lighting Maintenance Another common maintenance-related injury involves improperly installed or maintained fixtures attached to the ceiling, or placed high on the wall. Falling light...
“Notice Requirement” Defense For Minnesota Slip & Fall Cases
What Are Common Defenses Used In Minnesota Slip And Fall Cases? To hold a party liable for injuries related to a slip and fall, it is often necessary for the Plaintiff to show that the at-fault party knew, or should have known, of the dangerous condition. This “notice requirement” is a commonly used defense in slip and fall cases. This defense asserts that the at-fault party (the defendant) lacked notice of the dangerous condition. The theory being that since the defendant was unaware of the condition, there was nothing they could have done to repair the condition or prevent the injury. As plaintiff’s attorneys, we may be able to counter this defense. It is important to understand what exactly the term “notice” means in the legal context of the word. There are two types of notice: Actual notice and constructive notice. The defendant also has the responsibility to reasonably inspect the premises to discover dangerous conditions. However, this requirement is limited. Please continue to read below for a short description and example of each of these concepts. Actual Notice The concept of actual notice applies when the defendant is deemed to have actually known about the condition because they observed...
Overcoming the Open and Obvious Defense in Minnesota Slip, Trip, and Fall Cases
Slip and fall cases are met with certain common defenses. Chief among those is the open-and-obvious defense. As discussed in last week’s blog, there are several defenses that an at-fault party or their insurer (the insurance company) can assert in Minnesota slip, trip, and fall cases. The most common of these is the open and obvious defense. This is when the at-fault party asserts that the injured party should have observed or known of the danger and therefore should have avoided the condition or taken precautions in navigating it. Thankfully there are ways for a Plaintiff to overcome this defense. Three of the most common rebuttals to this defense are that: 1. the dangerous condition was in fact not open and obvious but was instead hidden. 2. while the dangerous condition was open and obvious it was unavoidable for the Plaintiff. 3. even if the danger was open and obvious, it was foreseeable to the at-fault party that someone could injure themselves on the dangerous condition. Please continue to read below for a short description on each of these arguments. The Slip And Fall Conditions Were Hidden The best way to defeat the open and obvious defense is to argue...
Common Defenses in Slip, Trip, and Fall Cases
When Someone Is Injured By A Slip And Fall Or Trip And Fall, They May Be Eligible For Compensation For Their Injuries. As a slip, trip and fall case proceeds towards litigation the defendant or their insurance company is likely to raise several defenses. These defenses are an attempt to prove that they are not at fault for the injuries. Three of the most common defenses are that: 1. the danger or issue was open and obvious. 2. that the defendant did not know about the issue or was not put on notice of the danger. 3. the injured party was either completely or partially at fault for their injury. Please continue to read below for a short description of each of these defenses and look back next week for an article detailing ways around these defenses. Open And Obvious Defense The open and obvious defense is asserted by the defendant or their insurance in almost every slip and fall case in Minnesota. The logic behind this defense is that the injured party should have observed or known of the dangerous condition. The defendant then will argue that because of this knowledge, the plaintiff should have avoided the danger or...
When is a Landowner Responsible for a Slip or Trip and Fall?
When initiating a lawsuit one of the first steps is to identify who the responsible party is. This can be especially difficult in cases involving a trip and fall or slip and fall at a business. This can become even more difficult when the building is occupied by a different person or entity (tenant) then the person who owns the building (landowner). So, when is the landowner responsible for injuries related to a flaw or defect in a building? Landlord Duties To Prevent Slip And Falls The landowner has an affirmative duty to fix a stoop or entrance when any of these four examples apply: A hidden, dangerous condition on the premises of which the landlord knows or should know, but of which the tenant is unaware; Premises leased for purposes involving admission to the public; Premises remaining in the control of the landlord (e., common areas); and Negligent repairs by the landlord. In addition, a landlord can be held liable when certain provisions of the building code are violated such as ground and floor surfaces requirements or changes in levels requirements. When a building code or statute is violated this is known as negligence per se. In these instances,...
Slip and Fall Injuries – Not Just a Winter Problem
Winters In Minnesota Can Bring Slip, Trip, And Fall Hazards, But It's More Than Just A Winter Problem. Minnesota residents are familiar with winter weather and the dangers that ice, snow, and slush can pose. However, people are hurt in slip and fall accidents year-round. Oftentimes, these accidents happen in places like the grocery store, Target, Walmart, or your favorite restaurant. These businesses stock and use many types of liquids that spill and cause dangerous conditions. Spills happen so frequently that it is a common joke in TV shows and movies for a waiter to drop a tray of drinks or an enormous display of laundry detergent to collapse in Aisle 12. Of course, injuries that can result from an accident like this are no laughing matter if you are the victim of such an unfortunate experience. Duty Of Care To Avoid Slips, Trips, And Falls People and companies that own or operate businesses such as stores and restaurants have an obligation to their customers to take reasonable precautions to ensure that the premises are safe. Businesses also have a duty to reasonably train and supervise their employees so that dangerous conditions like spills are quickly cleaned up. If you...