do you know your rights?!?

Question

Well basically I asked this question because I would want to get different views of the situation I’m about to give.

here we go, a man (no given name) owned a corner shop which is an old building and he does not want to lose business by closing the shop for repair, so when a hole appeared in the floor, he placed a board across it and to his employees to be careful.

However, one day a customer came into the shop to make a purchase and as she walked in the shop the board slipped and she fell down the hole and broke her leg. (Oh dear!)

In relation to the information provided, do you think that the customer (the lady that fell and broke her leg) has any legal right? If so, could you plz state. Give it a try, as I’m sure most of the people on here have a lost of experience, general knowledge or potentially experts with things like this. ;)

ahhh, you guys are GREAT so far! i hope this would be a beanckmark to others :) X.xX.x

Answer 1

The issue turns on the law of the jurisdiction in which the case takes place, in particular, the law as to a lease holder and property owner's duties to an invited guest (that's how the law views a customer).

You have to break down the duty of the property owner, the lease holder/store owner and discuss the degree to which the danger was hidden or visible.

Once you have those details, you have to do a negligence analysis. Duty, breach of the duty, causation and damages.

Enjoy...

Answer 2

Most definitely, the customer will have a suit against the shop owner for negligence. Merely placing a board across a hole is nowhere near enough of a preventaive measure to ensure a customer would not have an accident.

The situation would be a little different with respect to the employees that knew about the hole, but either way, the shop owner has a responsibility to have any areas that a customer will be free from any safety hazards. From what you write, you make no mention that he posted any hazard signs, roped off the area, or did anything else except for place the board, which obviously was not sufficient.

Answer 3

Well yeah, its probably under health and safety standards that you need to have the flooring safe and un-hazardous. There could be a loophole, which I doubt, and if that existed then the board would have to be very clearly labelled or roped off. I think not getting it repaired is very irresponsible, and uncaring for the customers who the man makes the money off.

Health and safety claims can come in all shapes and sizes, I did health and safety on a course, where you had to spot hazards, this went from little things like stacked boxes to ladders. Any of these things causing damage to a customer can be a cause for a claim, so yeah a hole in the floor poorly repaired and un-signed as a hazard will be a definite yes for a claim.

Answer 4

Yes 100% the customer has a legal claim. Unless there was a board stating "beware" next to the hole or temporary board, the shop owner is liable for compensation to her. To simplify this situation, if a shop floor is mopped and a customer slips they have a claim against the shop owner, but if there is a notice put up saying "caution, wet floor" the shop owner will be exempt from liability. Thats why you see so many of those plastic "caution" signs in mcdonalds etc ect.

Answer 5

"Trip and fall" cases usually don't win in court. Sometimes there is an out of court settlement to help cover any medical costs by the shop owner's say insurance company. Other than that, it is way to hard to sway a jury on this type of case. It depends on how hidden the board was or if there was a warning sign too but mostly the general public tends to believe that people have to be responsible to watch where they are going. People trip all the time. People can't always blame their own recklessness on others.

Answer 6

It seems crystal clear here that the shop-keeper is totally and culpably neglectful in maintaining a safe area for his customers to walk. All the evidence suggests that he was aware of the problem but chose to ignore a proper repair. The woman should submit a claim to the shop keeper asking him to forward it to his insurance company. The big "IF" here is does he have public liability insurance if he is so penny pinching with other things? The other problem of course is that the lady cannot force him to tell or pass the claim to his insurers, assuming he has one. Also, she can sue him in the civil courts for compensation, but getting him to pay is another matter. A broken leg, plus all the hurt and inconvenience, should run into a few thousand pounds!

Answer 7

A person entering commercial premises for the purpose of doing business is a "business invitee." A business is liable to a business invitee for injury caused by dangerous conditions such as bad floors or oil on the linoleum. There is a presumption that anyone entering a retail store or restaurant in which one may browse is a business invitee unless there is evidence to the contrary.
In short, a business owner owes a duty to a business invitee to provide for the safety of the invitee. Where the owner knows (or should have known) of a dangerous condition and fails to correct this condition while continuing to carry on his business, he has breached his duty to the invitee. If the invitee can show that this breach of duty caused the injury, the invitee can collect damages. Simple principles of negligence law, although once it gets to court, it is never so simple!

Answer 8

The woman should forgive the shop owner and get on with her life.

The man (shop owner) should consider paying the doctor bills for the woman and should also consider a better repair job for the floor.

Do you want an increasingly litigous and unforgiving society where everyone can prey on everyone else for any reason and at any time?

Rights are nothing without compassion and forgiveness.

One caveat: A legal, non-person entity - such as a corporation - needs to follow rules which compensate those injured through their incompetence or negligence.

Answer 9

hi im a law student. Yes the person who got hurt has a legal right. It is the shop owners responsiblity to fix damage and look after their property. Seek legal advice there should be compensation rewared. Its also the owners responsibility to have a cation sign when there is a problem. I hope this helps.

Answer 10

She has a right to recover all expenses arising out of the incident. The hole was a hazard which was not properly repaired. The law requires that the businessman take reasonable care to protect the public.
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