Liability

Liability

I think a store that many, if not all people have been to at least once in their life would be Walmart. Considering the massive amount of inventory and size of the average Walmart the chance of something potentially happening is great. Walmart being an owner/occupier has an affirmative duty to warn of or make safe known conditions if non obvious and dangerous. One instance would be a slip and fall accident which are real risk when walking the many isles of Walmart. In some instances, the property owner is responsible for the injured party's injuries, and in others, the property owner will not be held liable.

 Walmart has a vast inventory of products and many aisle of which need to be monitored for potential slip hazards. An example would be if you were to be walking through the aisle and broken jar had not been cleaned up and you were to slip and fall on said item the Walmart could be held liable.  Each case turns on whether Walmart acted responsibly so that slipping or tripping was not likely to happen. In order to establish Walmart knew of the hazard it must be shown that: Created the condition, knew the condition existed and negligently failed to correct it, knew hazard exited for a length of time that they should have discovered and prevented the injury.

Another example of liability would be within a retail store like Target in which false imprisonment could happen. False imprisonment is the unlawful restraint of a person against her will by someone without legal authority or justification. For instance, if your were to walk the store of Target and a assiocte were to accuse you of theft, then to hold you against your will until police arrive that would be a case of false imprisonment. Any person who intentionally holds you against your will and freedom of movement without consent would be liable for false imprisonment. To prove a case of false imprisonment who must prove willful detention, detention must be without consent and detention was unlawful.