Premises liability is a crucial component of personal injury law that holds property owners responsible for injuries sustained on their property due to unsafe conditions. This area of law requires that property owners and occupiers, such as retail stores, maintain a reasonably safe environment for their visitors and customers.
If an individual is injured on a store’s premises, the property owner may be held liable if it is proven that they were negligent in maintaining safe conditions. Should you find yourself in this position, Rosenfeld Injury Lawyers are here to help you determine liability and get the help you need.
The Duty of Care Store Owner Owes to Customers
Store owners have a legal obligation to exercise reasonable care in maintaining a safe environment for their customers. This duty of care includes regularly inspecting the premises for potential hazards, addressing known dangerous conditions promptly, and providing adequate warning of any discovered dangers.
Failure to uphold these responsibilities can lead to accidents, such as slip and fall incidents, which may result in legal liability for the store owner.
The law recognizes that customers have a right to expect a safe shopping environment, and it enforces this expectation by holding property owners accountable for negligence that leads to store-related injuries.
When Is a Store Liable for Customer Injuries?
Stores present various potential hazards that can lead to injuries and premises liability lawsuits or insurance claims. Understanding these common risks is crucial to both prevention and addressing legal responsibility after an incident.
Proving Negligence
Proving the store’s negligence is crucial to holding a store accountable for a fall accident caused by the negligence of a store manager, store employees, or other parties involved. The process involves establishing four elements:
- Duty of Care: You must prove that the defendant owed you a duty of care. This element refers to the legal obligation of the store owner to provide a hazard-free environment for customers. It requires that all reasonable precautions be taken to prevent a slip and fall accident or injuries on their premises.
- Breach of Duty: A breach occurs when the store fails to maintain the standard of care required. This can include neglecting to repair known hazards, failing to warn customers of potential dangers, or not adhering to industry safety protocols.
- Causation: Causation links the breach of duty directly to the injury sustained by the customer. It requires demonstrating that the store’s neglect was the primary cause of the incident rather than any actions by the injured party.
- Damages: Finally, damages refer to the tangible and intangible losses suffered by the injured customer. This can encompass medical expenses, loss of income, and pain and suffering resulting from the injury.
For a successful claim, all four elements of negligence must be proven.
Common Causes of Customer Injuries in Stores
Understanding the typical scenarios that lead to negligence claims is essential for both store owners and customers. Some common causes of negligence in retail environments include:
- Slip and Falls: One of the most common causes of injuries is slip and fall accidents, which can occur because of wet floors, uneven surfaces, or not enough lighting.
- Falling Objects: Customers may experience injuries from merchandise falling, particularly if items are not stored securely on shelves.
- Inadequate Security: A lack of proper security measures can also lead to incidents, exposing stores to liability claims for injuries caused by criminal acts.
- Poorly Maintained Premises: Negligence in maintaining the physical condition of the store, such as broken stairs or loose carpeting, can result in a slip and fall accident and potential legal action.
If you have been injured in a store, gathering evidence like medical records and consulting with a personal injury lawyer can be critical steps toward securing fair compensation.
Factors Affecting Store Liability
Understanding the factors that impact store liability is crucial for both business owners and patrons. The following are some of the factors that affect store liability.
Notice of the Hazard
For a store to be held liable for a customer injury under premises liability claims, the store owner must have known or reasonably should have known about the hazardous condition that led to the injury.
This is often referred to as “constructive notice,” where the store’s negligence is determined not just by actual knowledge of the danger but also by the failure to exercise reasonable care in discovering such dangers. The property owner’s negligence in addressing these hazardous conditions can result in serious injuries for which the store may face injury claims.
This means that even if a store owner doesn’t have personal knowledge of a hazard, they can still be held liable for a customer’s injuries.
The Customer’s Actions
The store’s liability can be affected by the customer’s own actions, particularly through the concept of comparative negligence. If a customer’s actions contributed to their injury, such as running in the store or ignoring warning signs, their ability to recover financial compensation from a personal injury lawsuit may be reduced.
The extent of the damages a victim can obtain will depend on the degree to which their negligence contributed to the slip and fall accident or other injuries.
Open and Obvious Hazards
The “open and obvious” doctrine may further limit a store’s liability if the hazardous condition is easily visible and avoidable by the customer. In these premises liability cases, a store or property owner might argue that the customer had a legal duty to recognize and avoid obvious dangers, shifting the legal responsibility away from the store.
Working with premises liability lawyers or a personal injury attorney is needed to navigate these legal nuances and determine the extent of liability in each scenario.
Types of Compensation in Store Injury Cases
When a customer sustains injuries on store property due to a dangerous condition, they may be entitled to various types of compensation in a personal injury case. Understanding the different forms of compensation available can significantly impact the financial recovery process for those injured in a store. Below is what victims may be entitled to.
Medical Bills
In a premises liability claim, medical bills are one of the most immediate concerns. Injured individuals can seek compensation for a wide range of medical treatments resulting from a store-related injury. Common medical bills include emergency room visits, surgeries, rehabilitation sessions, and necessary medications.
Severe injuries, such as head injuries or broken bones, may require extensive, long-term medical care, further increasing the financial burden on the injured party.
Lost Wages
An injured customer may be unable to work, leading to loss of income. Compensation for lost wages can be sought in a personal injury claim if the fall injury impacts the victim’s ability to perform their job duties.
Retail stores, through their store’s insurance company, may be held liable for a customer’s lost wages if the fall accident was caused by store negligence, such as falling merchandise or a slip and fall accident.
Pain and Suffering
Beyond tangible financial losses, victims may claim compensation for the physical and emotional pain caused by the injury. This type of compensation seeks to address the mental anguish and distress that accompany serious injuries.
Steps to Take After Falling at a Retail Store
Experiencing a slip and fall accident or other store-related injury can be alarming and overwhelming. Taking immediate and appropriate actions is crucial for ensuring your well-being and preserving your legal rights.
Report the Accident
First, report the injury to store management as soon as possible. It is essential to ensure that the incident is documented accurately. Make sure to obtain a copy of the incident report for your records, as it can be essential if pursuing a personal injury claim.
Seek Medical Attention
Regardless of whether the injury seems minor, seek medical treatment promptly. This ensures that any underlying issues, like a potential traumatic brain injury, are addressed early. Professional medical documentation can also support a future insurance claim or litigation related to store negligence.
Gather Evidence
Carefully document the accident scene to strengthen your case against the retail store. Take clear photographs of the area where the injury occurred and any visible injuries you have sustained. Additionally, make sure you get contact information from anyone who saw the incident, as their testimony may become critical.
Consult an Attorney
It is important to consult with an experienced attorney to navigate a personal injury claim. Premises liability attorneys can assess whether the store is liable for a customer injury and advise on strategies to pursue significant compensation.
This step is particularly important in cases involving severe consequences, resulting in a wrongful death lawsuit.
Working with a law firm experienced in premises liability can ensure that your rights are protected and that actions are taken to hold the store accountable for negligence.
Secure Expert Legal Representation
If you or a loved one was injured in a store, seeking legal counsel promptly is crucial. Rosenfeld Injury Lawyers is dedicated to providing professional and authoritative guidance to help you navigate premises liability claims. With extensive experience in personal injury law, our law firm is equipped to ensure that you receive the compensation you deserve.
Contact our legal team at (888) 424-5757 or complete our online contact form.