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3/13/2010
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Slip and Fall in a Grocery Store - Should the Burden of Proof be on the Injured? | Slip and Fall Attorney in Clearwater Florida

What: slip and fall accident | customer injured in slip and fall
Where: grocery store | supermarket
Who: customer injured in slip and fall

Customers in grocery stores are protected from slip and fall injuries in accidents when store owners and managers routinely maintain the store by cleaning spills and dropped food to prevent slip and fall accidents.

Slip and fall injuries happen in stores frequently. Should the burden to prove liability be on the store - was it properly maintained , or on the injured person, to show the store had knowledge of the spill?

The landmark case, Owens vs. Publix ,in 2001, changed the law in favor of the customer who suffered an injury when they fell on an object or on a slippery substance on the floor of a grocery store. It gave the injured customer a presumption that the supermarket acted negligently by not safely maintaining the property. In effect what it did was shift the burden of proof from the plaintiff to the store.

In 2002, lawmakers came to the rescue of the business community and took away the presumption that Owen had given the plaintiff and placed the burden on the plaintiff to prove that the store did not maintain, repair or warn of the danger, and therefore acted negligently. The statute did not require proof that the store actually knew or should have known that the object or slippery substance was on the floor.

Two bills now before the Florida Legislature would return the burden to the customer injured in a slip and fall to show the store knew or should have known the hazard was there.

Who is looking out for the rights of the injured?

This is not a consumer friendly bill - it's a business friendly bill!

Labels: Clearwater Florida Slip and Fall Attorney customer injured in a slip and fall injured in a slip and fall in grocery store rights of the injured slip and fall injuries slippery substance on floor store did not maintain or warn of danger supermarket acted negligently

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