People can slip and fall for a variety of reasons, from being careless to encountering a hazard on the ground. Sometimes if people fall because there was a hazard present, they may be able to recover for their injuries. This is because businesses have a general duty of care to keep people reasonably safe while they’re on the business’s premises. But, in order to succeed in this type of lawsuit, a plaintiff must prove that the business was at fault.
The Reason for the Lawsuit
Robin Austin slipped and fell at a Walgreens store in Hebron, Indiana, which resulted in a broken kneecap. According to her deposition, Austin said that she didn’t see anything on the floor but that her foot hit something wet so she assumed there was water on the floor.
The Reason for the Court’s Decision
The U.S. District Court for the Northern District of Indiana granted Walgreens’ motion for summary judgment, and the 7th Circuit Court of Appeals affirmed the decision. The appeals court held that while Walgreens owed Austin a duty to exercise reasonable care for her protection while at the store, Austin failed to prove that Walgreens knew that there was water on the floor.
Related Resources:
- Find Personal Injury Lawyers in Your Area (FindLaw’s Lawyer Directory)
- Torts and Personal Injuries (FindLaw’s Learn About the Law)
- 5 Biggest Recent Slip and Fall Cases (FindLaw’s Injured)
- Woman Sues Harrah’s for Injuries From Casino Doors, Then Dies (FindLaw’s Injured)
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