A business in Delaware may be liable for a fall caused by a bunched floor mat if its employees created the hazard or the business knew, or should have known, about it and failed to fix it or warn customers. A cleaning company, property owner or mat supplier may also share responsibility, depending on who controlled the mat and what caused it to bunch.
When can a business be liable?
Businesses generally must take reasonable care to keep areas open to customers safe. If the business’s own employees placed the mat unsafely, you may not need to show that the business knew about the hazard beforehand. You still need evidence that the mat caused your fall.
If someone else, such as another customer, caused the mat to bunch, you generally need to show the business knew about the hazard or that it remained long enough for staff to discover and fix it.
Which other parties could be liable?
Responsibility can depend on who placed, moved or maintained the mat. Possible parties include:
- A property owner or landlord that maintains the entrance
- A cleaning or maintenance company that placed, moved or secured the mat
- A mat manufacturer or supplier if a defect caused the mat to bunch or slide during normal use
A maintenance contract between businesses may show which company handled the mat. You are not a party to that contract, so it does not control your rights, but it may help identify who did the work. Similar questions about notice and maintenance come up in other slip-and-fall claims.
What evidence should you preserve?
Photograph the mat and surrounding area, report the fall to a manager or property owner, get the names of witnesses and keep records of your medical care. Ask the business to preserve video footage promptly because many systems record over older footage after a short time.
Your own actions can also affect your claim. Under Delaware’s comparative negligence rule, your compensation generally decreases in proportion to your share of fault. If your share is greater than the combined fault of the people or companies you sue, you generally cannot recover.
The mat may be moved or replaced soon after a fall, so documenting its condition promptly can help preserve important evidence. A Delaware personal injury lawyer can review the evidence and explain how the fault rules may affect your claim.