Slip and fall injuries can happen anywhere, including inside retail stores. These cases fall under premises liability law, where negligent property owners are held responsible for accidents that occur on-premises.
As business operations shift over time, changes to liability rules are necessary. Learn how the mode of operation rule applies to slip and fall cases.
What is the Mode of Operation Rule?
The mode of operation rule is a legal principle that presumes the manager or owner of a property is negligent based on the nature of their business. It applies to companies that create hazardous conditions through their everyday operations.
For example, it’s common for foods and liquids to spill in grocery stores, increasing the risk of slips, falls, and injuries. If the establishment doesn’t take reasonable measures to correct or prevent the condition as part of their business operations, they are held liable for injuries from slips and falls.
The mode of operation rule automatically assigns negligence to the owner or manager of an establishment. To disprove liability, they must provide evidence that the display mode is not inherently dangerous.
Before this rule, the legal standard required the plaintiff to prove the business knew of the problem that caused the slip and fall and that the hazard was present long enough that the business should have remedied the situation.
The mode of operations rule simplifies this process and helps the plaintiff receive fair redress for their injuries.
How Mode of Operation Applies to Slip and Fall Cases
The mode of operation rule forces businesses to safeguard areas they foresee slip and fall hazards occurring. The rule helps reduce dangerous conditions and slip and fall accidents.
The mode of operation rule is essential for slip and fall cases in self-service businesses. Self-service businesses include restaurants, grocery stores, and retailers, where customers select food or merchandise from open displays.
When a customer injury happens from a dangerous condition the business can foresee, they can use the mode of operation rule to pursue compensation.
After a Slip and Fall Accident
Slip and fall accidents aren’t straightforward. You may need to gather evidence proving the other’s negligence. An experienced attorney can determine whether the mode of operation rule applies to your case. Contact us today for a free, confidential consultation.