San Diego slip and fall lawyer Mark C. Blane successfully represented a San Diego lady who was injured in a slip and fall accident at a local San Diego County Albertsons store. Mr. Blane argued that Albertsons breached the duty of due care towards the lady which led to her subsequent fall and bodily injuries. Mr. Blane argued the facts of the fall had been previously stipulated when it was found that Albertsons was negligent in causing a slip and fall accident that resulted in bodily injury when his client (the lady from San Diego) was walking toward the Albertsons store's exit when she slipped on clear liquid that was on the floor.
There were no cones warning there where there was found to be a substance on the floor. Mr. Blane reminded the store that it (Albertsons) had a never-ending duty to warn customers of known dangers, or of dangers they should have known; particularly, in high-customer traffic areas. Here, the liquid presented a potential hazard. It was foreseeable in the area in which the fall occurred that a fall could occur given the hazardous substance. If the hazard was caused by a customer, Mr. Blane went on to argue, then it is the duty of Store Management to have performed all reasonable tasks to have seen the liquid and remove it. To this end, reasonable inspection would have led to the discovery of the hazardous substance. Thus, Mr. Blane argued actual notice and constructive notice of the hazardous “condition” by the Store Management. Moreover, the condition was not “open and obvious” to where the injured lady could evade the condition in her path. Given the above, Mr. Blane argued that liability was not an issue, and went on to successfully resolve the slip and fall case.