Sometimes the best made plans and one’s best intentions end up causing
more harm than good. In fact, sometimes less harm can arise if nothing
is done at all. Such seems counterintuitive, but is nonetheless true.
This is an important lesson that our
experienced Newburgh slip and fall attorneys wish to share. Property owners know that they have a duty to patrons that
which requires proper maintenance of the property. They must inspect the
premises for hazards, warn guests of dangers, and remediate sources of
harm. These types of cases are called
premises liability cases and may entitle the injured victim to compensation.
Doing so must, however, be completed properly. For example, a wet floor
can be hazardous to customers, but cleaning a spill with a wet mop does
not make the floor any less wet and slippery. Moreover, detergents and
floor cleaners can make a wet surface slicker.
We are by no means advocating that cleansers should not be used. Cleaning
agents are necessary to clean soiled and greasy floors. What we do advocate
is that property cleaning and maintenance must be performed properly.
If it is not, danger can be increased by making the floor slippery or
expanding the area of the dangerous condition causing more
slip and fall accidents.
What should business owners do? First, equip stores and employees with
all necessary and proper tools to maintain the premises. Second, they
should properly train employees on how to use those tools. Of course,
manufacturer’s specification should always be followed.
When mopping a floor, the employee should use the right detergent required
for the type of spill. A grease spill requires a specific cleaning detergent,
while cleaning water off of a floor would merely require a dry mop or
dry rag so that the moisture is removed without making the floor wetter.
If the dirty floor is contaminated with dry debris, a simple sweep or
vacuum could cure the hazard rather than using a wet mop.
Also note that soaps and detergents are commonly oily and slick, especially
when added to water. Detergent instructions will guide the user on how
much detergent to use with how much water. Too little may not be sufficient
to clean the floor, too much can make the floor surface more slippery
than it was before the cleaning. This means that the employee created
a danger which can cause a
slip and fall accident.
One main tenet of
premises liability is that property owners should not create a danger and leave it without
repair. Once a danger is created by an employee, the hazard must be fixed
or else liability will arise in the event of an accident. The property
owner is immediately put on notice of such a poor condition because an
employee created the hazard.
If a patron
slips and falls on a floor made slippery by excessive detergent use, the property owner
can be held liable for the customer’s injuries and damages.
Learn more about slip and fall accidents, liability, and how to protect
your rights in
our latest article available by clicking the link here. More specifically, learn about grocery store slip and falls in
our blog post available by clicking here. If you slip and fall on liquid on the floor at a grocery store,
read this post to learn about your rights by clicking here. And if you slipped on food or other perishable products on the floor
of a grocery store,
click here to read about what your rights are in that situation.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.