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Understanding the elements of a slip and fall case

Although Hawaii is known for its beautiful vistas and sun-drenched beaches, it is not uncommon for residents and tourists to experience the powerful and sometimes violent rain storms that blow in from the ocean. After a storm, the roads and sidewalks throughout Honolulu may be riddled with puddles and slick with rain. While wetness is generally something that people can safely cope with it can cause otherwise safe surfaces to become slick.

For example, imagine a person who walks into the grocery store during a rain storm. While they may expect wet ground surfaces outdoors, they may not be prepared to walk on the wet flooring of the store. Generally, premises are required to warn their shoppers of potential slick surfaces so that they do not suffer slips and falls.

If our hypothetical person did fall and the grocery store took no steps to clean up the wetness or warn the victim of the surface conditions, that victim may have a claim for their losses under premises liability law. Premises liability law relates to the responsibilities of property owners to keep their properties safe.

The grocery store owner may be liable for the victim's damages if it was foreseeable that a slip and fall accident could occur, and they did nothing to prevent it. Also, the reasonableness of the shop owner's actions to prevent such an accident may be weighed in an assessment of their potential liability.

Slip and fall cases are common, but the circumstances giving rise to each are unique. Every case should be assessed individually by attorneys who include premises liability and personal injury law in their practices. Readers are cautioned that premises liability is a complex area of law that should be discussed with a personal injury attorney. This post provides no legal advice but gives readers an introduction to the topic.

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