I haven't seen the April post you mentioned and can't comment on what happened or should happen there.
In your case, you can try but I think that your chance to win is slim. Negligence is a breach of duty that is set by law to prevent forseeable harm to other people. What exactly did Gap do? Did it maintain the floor improperly so that the floor was so slippery? Was there any foreign substance to cause the fall? Does Gap have a manual to show how slippery it should be? Did Gap use the wrong floor wax? Did any other people fall during the same period? It is hard to tell. You could use res ipsa loquitur (well, if you follow the posts here you know I am a bigger lover of RIL). It really depends on the jury to infer negligence, or not infer at all. Even using RIL has its drawbacks since it is really hard to prove that Gap acts negligently. You can try to pursuade a lawyer. Sincerely, I doubt any lawyer would take such a case. The key issue here is to find what exactly Gap did to breach a duty. I think there would be no question that Gap owes a duty to maintain safety in the store. The problem is to what standard the duty should be? There are some possibilities which could support your case. One, if you can find out that Gap has a manual on how to maintain the floor and the janitor did not follow, or followed it reckless or negligently. Two, if other stores all maintain the store one way and Gap did it so differently. Three, if there is any ordinance or statute to regulat such floor maintenance (negligence per se). Well, you get how difficult this is to prove negligence. One last possibility is to use expert opinion on how to maintain the floor and to show how Gap did negligently.
Even if you were permitted to go to jury and there was a proof that Gap did something wrong, the defendant could still raise a defense that you need supervise your son better. In other words, contributory negligence. Don't know where you are. Five states in the east completely bar recovery if contributory negligence is found. CA and NY are the most liberal states to use pure comparative fault system that you will have a better chance to recover.
Your son's accident is unfortunate but accidents do happen and not all of them are worth going to the court. Have you tried to talk to Gap directly to settle?
In your case, you can try but I think that your chance to win is slim. Negligence is a breach of duty that is set by law to prevent forseeable harm to other people. What exactly did Gap do? Did it maintain the floor improperly so that the floor was so slippery? Was there any foreign substance to cause the fall? Does Gap have a manual to show how slippery it should be? Did Gap use the wrong floor wax? Did any other people fall during the same period? It is hard to tell. You could use res ipsa loquitur (well, if you follow the posts here you know I am a bigger lover of RIL). It really depends on the jury to infer negligence, or not infer at all. Even using RIL has its drawbacks since it is really hard to prove that Gap acts negligently. You can try to pursuade a lawyer. Sincerely, I doubt any lawyer would take such a case. The key issue here is to find what exactly Gap did to breach a duty. I think there would be no question that Gap owes a duty to maintain safety in the store. The problem is to what standard the duty should be? There are some possibilities which could support your case. One, if you can find out that Gap has a manual on how to maintain the floor and the janitor did not follow, or followed it reckless or negligently. Two, if other stores all maintain the store one way and Gap did it so differently. Three, if there is any ordinance or statute to regulat such floor maintenance (negligence per se). Well, you get how difficult this is to prove negligence. One last possibility is to use expert opinion on how to maintain the floor and to show how Gap did negligently.
Even if you were permitted to go to jury and there was a proof that Gap did something wrong, the defendant could still raise a defense that you need supervise your son better. In other words, contributory negligence. Don't know where you are. Five states in the east completely bar recovery if contributory negligence is found. CA and NY are the most liberal states to use pure comparative fault system that you will have a better chance to recover.
Your son's accident is unfortunate but accidents do happen and not all of them are worth going to the court. Have you tried to talk to Gap directly to settle?
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