Slip and fall alternative theories may be helpful in the prosecution of your case. In your typical slip and fall case it is necessary to show that the owner of the premises had actual or constructive notice of the defective condition that caused the fall. Sometimes that is not possible. Alternative liability theories may rest upon the negligent method of operation or negligent maintenance of the premises.
A property owner that does not have any receptacles for trash has in effect created a circumstance where trash is going to be deposited anywhere. A grocery store that allows patrons to walk around with open containers that are served in the store should expect that those open containers are sometimes going to be spilled resulting in injuries.
In attempting to develop these alternative theories of liability it will probably be necessary to show that the method of operation is either inherently dangerous or that it is being conducted in a negligent fashion and that that conduct contributed to the injury in question. If the defective condition is created by some problem that is off-site and which is not necessarily under the control of the property owner, then the property owner may still be liable by failing to take corrective action. For instance, a store owner who knows that the floor in the store is constantly getting wet from a source that is beyond his control has a duty to either clean up the condition or to adequately warn patrons about its presence.
For more information on slip and fall alternative theories see the other page on this site dealing with slip and fall.
If you have been injured as a result of a slip and fall accident, contact us.
