Under the theory of premises liability, a property owner may be legally liable for a Hoosier's injuries following a slip-and-fall accident on their property. This applies not only to residential property owners, but also to commercial property owners, such as those who own grocery stores or other retail stores.
There are certain conditions that must be met to establish that a commercial property owner bears legal liability following an accident on their property. To prove liability following an accident on a business owner's property, an injured Hoosier will have to establish a number of conditions concerning the owner or possessor of the business, or an employee of the business.
First, a plaintiff will have to establish that the owner or employee caused the condition that led to the victim's slip-and-fall accident, such as a dangerous surface, a liquid spill, or worn spot on the floor. Second, a plaintiff will need to establish one of two conditions. A plaintiff will have to establish either that the owner or employee must have known about the dangerous property condition but did not do anything to fix it, or that he or she should have known of the condition because a reasonable person would have known about it and rectified the situation.
Slip-and-fall cases that stem from accidents on commercial properties can be complex because there may be many individuals or entities that could bear legal responsibility for an injury. For example, an injured victim may be able to sue a property owner, a tenant business owner, as well as the management company that maintains the premises.
There are many factors to consider following a slip-and-fall accident on commercial property. An attorney may be able to offer guidance to an individual following such an accident.
Source: FindLaw, "The Small Business Owner and Slip-and-Fall Accidents," accessed Aug. 19, 2016