Local Louisiana news outlets have been recently reporting stories about a woman in New Orleans who tripped and fell over a misplaced rug in a retail Macy’s store.  The customer, Paunchier Bondojia, was injured as a result of the fall and has filed a lawsuit against the corporate retailer claiming that the rug created an unreasonable risk of harm and seeks compensation for her damages.

Knowing little about Ms. Bondojia’s civil claim, it is hard to evaluate whether or not she has a legitimate claim for damages.  But this news article raises an interesting legal issue.  I regularly am asked what constitutes a harmful tripping condition in a retail store and under what circumstances can a customer recover for personal injuries that were sustained as a result of tripping on the hazard.

The short answer is, it depends.  When evaluating a premises liability case to determine if the case is compensable there are certain elements that a lawyer must look for.  First, is there an identifiable hazard and is there documentation of the hazard.  Documentation can be pictures, videos, witness statements or incident reports taken at the scene of the accident. Second, the fall must be documented; a fall can be documented by surveillance video, incident reports, police reports, ambulance reports or witness testimony.

Once you determine if there is a documented hazard and accident it is necessary to determine if the hazard is in violation of any laws, statutes, regulations, codes and/or policies.  Most areas have a strict set of building codes that identify what types of defects are dangerous and which defects must be corrected to be compliant with local rules.  A defect does not have to be in violation of local building code to be a tripping hazard but if it is in violation of a rule it is evidence of negligence upon the premises owner.  An attorney should research the local rules/codes in your area prior to accepting a possible trip and fall case.

Next, it is extremely important to determine how long the hazardous condition had existed prior to the customer’s fall.  A premises owner is only liable for defects on their property which they had actual notice existed of prior to the accident or a defect that has remained on their property for a reasonable amount of time so that a store manager or store employee should have noticed and corrected.  For example, if you are in a super market and the person in front of you drops a gallon of milk, if you slip in that milk immediately after it falls on the floor it is not the responsibility of the store because they would not have had enough time to identify the spill and correct the slippery floor.  However, if the a customer drops a gallon of milk, it remains unnoticed for several hours and later someone slips in that milk and hurts themselves, that person may have a legitimate claim against the store.

Finally, you must assess the damage the person sustained as a result of the fall.  A lawsuit is a long and time consuming process, a prospective plaintiff and their lawyer must know that the end result would be worth the effort to initiate a lawsuit.  You must evaluate the injury and determine its severity and whether it is temporary or permanent.

Only after analyzing the above factors can a lawyer determine if a person has a meritorious trip and fall claim.