Your father may be able to recover if he can show that Target was negligent. Ordinarily, your father would have to prove that the store owner created the hazardous condition, or should have taken actions to promptly correct the hazardous condition. If a store employee spilled the milk as opposed to a customer, the case will probably be easier to prove. If another customer spilled the milk shortly before your father fell, Target may argue that it did not have notice of the condition. Target may also argue that the condition was "open and obvious" and your father should not have stepped into the puddle. Many factors must be considered to determine whether the claim is viable.
As you can see, slip and fall cases can be challenging. I recommend that your father speak with a qualified attorney to assess the situation. I would be happy to provide a free consultation.
Karl S. Pearson
Pearson Law, PLC
Take care of the injuries and continue with medical tretment. You should also immediately consult a personal injury or premises liability lawyer. Many such lawyers provide free initial consultation and take cases on a contingency fee basis. Although I would have to know more facts, it sounds like a potentially substantial case. You have nothing to lose and potentially lot to gain by consulting an attorney. Good luck.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
I am sorry to hear about the accident. From the sounds of your question and the medical process at this point, this accident may have happened awhile ago? Anyway, yes, Target can be held liable in this accident.
Anyone on the property of Target that is shopping is considered an invitee. Target owes an invitee the obligation to keep its store clean, to inspect the property and to make safe and/or warn its customers. The store may defend the accident by claiming that the milk spill was not on the floor long enough to give them notice or correct the condition. If there is video of the fall then it should resolve that issue as well as show if any employees simply walked by the spill without doing more.
In as far as your fathers injuries are concerned, they will always be questioned by the store/insurance carrier. Even if your dad had a bad back before the accident, if it is worse now after the accident, then they would still owe him for that. It would not take years to sue Target, the litigation process may take up to a year if there is a trial.
The anwser to your question is slip & fall liablity in a store is tricky and your dad should see a lawyer
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