“A nuisance may be merely a right thing in the wrong place — like a pig in the parlor instead of the barnyard.” – George Sutherland, Euclid v. Ambler Realty Co., 272 U.S. 365, 388 (1926).
Have you had an accident by slipping and falling on a wet floor in a store? Where their warning signs placed around the wet area? Did your accident necessitate a visit to the Emergency Room at the local hospital? Consequently, are you within your legal right to file a personal injury claim against the retailer?
These questions arise from an incident that possibly should not have occurred. However, it did happen, and now the question that needs to be asked and answered is: Were you negligent in ignoring the wet floor warnings, or was the retailer negligent in not ensuring that the necessary wet floor warnings were placed around the wet area?
A definition, history, and origins of the Tort Law
Before we look at the answer to this question in detail, let’s consider the definition, history, and origins of the personal injury or tort law.
At the outset of this discussion, it is important to note that the word “Tort” is French for “wrong.” Therefore, a definition of Personal Injury or Tort law defined as a “civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another.”
The English tort law was based on Roman law, which was first established in about 449 BC. Consequently, the American personal injury law was influenced by the English tort law. Thus, it is safe to conclude that tort law has been around, in one form or the other, for thousands of years.
And, to further highlight this point, this quotation by George Sutherland describing one of the many ways a personal injury such as those obtained as a result of a slip and fall accident was first recorded in 1926.
How to manage a slip and fall accident
Now that we have looked at a succinct definition of tort law, the next point to consider is whether you fell in a store is as a result of negligence, irrespective of whether it was intentional or accidental.
The best way to determine the answer to this question is to consult a legal expert, especially an attorney who has specialized in the personal injury law. For several good reasons, it is imperative to consult with a slip and fall attorney should you wish to file a personal injury claim against the retail business where you had the accident.
However, the most critical reason is that a specialist tort attorney is knowledgeable, skilled, and experienced at managing personal injury lawsuit claim from start to finish. Additionally, it’s vital to be mindful of the fact that the retail business will almost certainly hire an attorney to defend the company against your lawsuit. Thus, if you do not retain an experienced attorney, you run the risk of losing the case due to inexperience.
