Business Liability When a Customer Falls in a Store

**handychef** · 06-28-2012, 12:57 PM

My question involves an injury that occurred in the state of: Indiana

A few weeks ago, I had a customer fall in my store.

We have a banquet room available for rentals. There is an area about 1,500 sq. ft. that is a hardwood dance floor. There is about a 5 inch step up to the dance floor. There was a party scheduled a few weekends ago. A customer came in carrying cupcakes, she was the first one in the banquet room. A few seconds later I heard her fall. I ran back there, she said I broke my leg. I immediately ran up and called 911. It ended up, she broke her femur in half and shattered her kneecap and had surgery the next day.

Her granddaughter works for me as a server, so I would occasionally get updated from her about her grandmother. She told me not to worry that they were not going to sue me or come after me, which I know means nothing. (Which I was not worried about anyway. That's what insurance is for anyway). Any way since then, her granddaughter has quit on bad terms (Unrelated to her grandmother's injury.) I get a call from the hospital today asking if I am accepting the liability for her injuries.

Now my question, There was a "Please Watch Your Step" Sign by the step up. She stepped up on the floor once to set the cupcakes down.She fell on her way back down. Her granddaughter indicated that she has weak ankles. All of the lights were on, so it was not dark. Now I know generally when someone fall on someone's property, they are usually liable. But isn't that when there is usually a hazard etc? Not just tripping over your own two feet?

Am I liable?

Thanks in advance for your help?
HC

**Mr. Knowitall** · 06-28-2012, 02:08 PM

We're not going to be able to address the step in the abstract - some steps are obvious, others are a hazard. Sometimes it's the surrounding furniture, fixtures or confusion that can make the difference, rather than the nature of the step itself.

You should check to see if your insurance company offers risk assessment services, and if so whether they can help you out by reviewing your premises for possible liability risks and suggesting how you could mitigate the risks.