When a retail establishment is open to the public, its ownership must keep the premises safe for their patrons. They owe what is called a duty of care to their customers: They have an obligation to avoid acts or omissions which could be reasonable foreseen to injure or harm other people. If a store owner’s negligence leads to your accidental injury, hiring the right retail store accident injury attorney could help you recover tens of thousands of dollars in compensation.
In the two years since the COVID-19 pandemic arrived in the United States, stores and businesses have been put through trial after trial, suffering indefinite closures, staffing shortages and supply chain issues. Those factors, plus the wet winter weather, combine to create conditions that could cause you harm.
If you or a loved one has been injured in an accident at a retail establishment, Conexion Legal can help you. Call us at 1-800-201-1220 or write to us through WhatsApp to schedule your free legal consultation, and to connect with a retail store accident injury attorney in our network.
What is considered a retail store accident?
Many businesses have cut back on costs during the pandemic, including repairs and premises maintenance. While normally, businesses would address loose clothing racks, rotted ceiling tiles, inadequate lighting, uneven floors, loose carpeting and fragile stairs as they happen, many businesses have reduced their workforce (including maintenance personnel), and with their in-store capacity limited, potentially dangerous conditions have been overlooked.
These maintenance issues — along with such dangers as wet floors and buildup of ice and snow — could result in slips and falls, tripping, being struck by falling objects or being injured in a parking lot.
Examples of unsafe conditions include:
- Faulty stairs
- Flower pots or other objects in pathways of travel
- Wet or slippery floors
- Uneven pavement
- Sidewalks in poor condition
- Poorly hidden extension cords
- Large cracks in the floor
Lacerations, concussions, damage to soft tissue, broken bones or even impalement can all occur because of a retail store owner’s failure to act or warn their patrons, and can result in sky-high medical bills, lost wages and even disability.
How do I prove retail store negligence?
Property owners must exercise due care to keep their property in a reasonably safe condition, and to remedy unreasonably dangerous conditions which are known, or, conditions which, with the exercise of reasonable care, should have been known. They are also required to warn of any unreasonable risks which others would not reasonable expected to discover.
Owners of a store, or those with control of a store, must inspect aisles and shelves regularly, to spot hardware malfunctions, exposed sharp edges, precariously-stacked products, fallen merchandise and spilled liquids. If there is a hazard that cannot be addressed immediately, it must be clearly marked.
If those in control of a retail store fail in any of these respects, they can be considered negligent. Proving negligence, though, can be complicated.
To prove such negligence, you will need evidence — witness testimonies, photographs, video and official documents, like a police report or an internal memo. The more evidence you have, the better equipped you will be to prove your case. If you can prove that the owner or operator of a business knew of a dangerous condition but did not act — security video shows that an employee watched a carton of milk fall and spill, and did not clean it up, leading to a slip-and-fall — you have proven negligence.
Proving negligence, though, isn’t always so direct, and personal injury laws in each state differ. Retail store accident injury attorneys have access to channels you may not, and, if you are too injured to gather the evidence yourself, they can do the gathering on your behalf.
Who is at fault for a retail store accident injury?
There can be more than one person or entity responsible for a retail store accident injury. Property owners, management companies, franchise corporate headquarters, equipment manufacturers and third parties — such as security companies — can be held liable for your injuries.
An experienced retail accident injury attorney will be able to help you determine who is at fault, and target your claim so that you do not waste time or money recovering the damages you deserve, which could include medical bills, transportation to and from doctor’s appointments, long-term care, lost wages, and pain and suffering.
Remember to document everything. You can file for a loss of income and other expenses, so keep track of every charge incurred as a result of your injury. Keep receipts for prescriptions, taxi or ride share costs, medical and psychological care. If you cannot work due to your injuries, you can also claim lost income.
Contact the Conexión Legal team as soon as possible by calling 1800 201 1220, or write us through WhatsApp, to receive the best free advice, and to connect with an expert retail store accident injury attorney who is well-versed in your local personal injury laws.
El equipo de redactores de Conexion Legal está compuesto por un grupo de abogados especialistas en casos de accidentes de tránsito, laborales e inmigración para latinos. Cada miembro del equipo cuenta con amplia experiencia en su área de especialización, y todos ellos están comprometidos en ofrecer la mejor información y asesoramiento legal a la comunidad latina.