I FELL ON A FOREIGN SUBSTANCE AT THE STORE. IS THE STORE LIABLE?

A proprietor is liable for a a slip and fall on a foreign substance on the floor if:

1. The substance was actually placed on the floor through the negligence of the proprietor (imagine a waiter at a restaurant clearing off a table and letting a piece of food fall to the floor without cleaning it up, and someone later slips and falls on that food); or

2. If there is no showing as to how the substance got on the floor, the proprietor actually knew that the substance was present on the floor; or

3. If the substance was on the floor for a sufficient length of time, so that even if the proprietor did not actually know it was present, he or she should have known it was present.

As with the natural accumulation caselaw (see our April 8, 2020 blog), the caselaw surrounding foreign substances is complex and sometimes applied inconsistently. It is important to contact an attorney if you should happen to get injured in these circumstances. They will be able to take all the facts presented to them and see if you have a case. The premises liability attorneys at Mag Mile Law offer free consultations and have extensive experience in premises liability matters. Contact us at info@magmilelaw.com for more information or to schedule your free consultation. Our premises liability personal injury attorneys are former defense attorneys, and now they are on YOUR side!

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