On October 3, U.S. District Judge Jan E. Dubois ruled that a Pennsylvania woman, Kathleen Siffel, who slipped and fell on an advertising circular on the floor at a Best Buy store in Fairless Hills, PA, would be able to proceed with trial in her lawsuit.
The personal injury case stemmed from an Aug. 11th, 2009, incident in which Siffel allegedly slipped on the paper advertisement moments after walking into the store to purchase a gift card.
Siffel learned she had sustained broken bones in her right foot, and doctors later informed her that she developed a stress fracture and tendonitis in her left foot.
Siffel’s lawsuit says that Best Buy was negligent in failing to properly inspect and maintain its floors, specifically that the retailer had notice of the problem, but failed to correct it.
Siffel asserted that Best Buy was actual aware of the advertising circular in question because “litter around the Welcome Stand was a recurring condition.”
Three Best Buy employees claimed they had previously seen brochures on the floor around the welcome stand. Another employee testified that she had heard customers complain about the “messy” store floor prior to the plaintiff’s fall.
Slip and fall incidents that can result in lawsuit occur when a person inadvertently falls on another person’s or business’s property due to a hazard or unsafe condition.
Here are some of those unsafe conditions:
1. Surface composition is the type of floor surface and its slip resistance when dry and properly cleaned.
2. Foreign substances are ice, grease, or water
3. Surface conditions can be raised or recessed edges, loose carpeting, soiling and overall cleanliness of the floor.
4. Surface changes include walking from a carpeted floor to a tile floor
5. Level changes are unexpected slopes or raises of three steps or less
6. Obstructions may include extension cords, hoses, and other foreign items
7. Visibility is poor lighting, glare, shadows, bright lights, or color contrasts, which can impede visibility
8. Different individual physical capabilities and physical challenges, shoe types, and familiarity with a walk area
9. Falls from stairs, which are defined as more than three steps, typically result in the most serious injuries.
10. Out-of-the-ordinary conditions that might distract a walker, such as loud noises, strobe or flashing lights, etc.
If you or someone you love has been involved in a slip and fall accident, you should consult an experienced attorney to see if you have grounds for an injury lawsuit. Note, the time you have to file a lawsuit is limited, so it’s to your benefit to not delay.
Feel free to contact our California Law Firm via email at Info@ArashLaw.com or call us at 800-890-7375. One of our lawyers will be happy to assist you with your personal injury case.