Shoppers expect retail environments to be safe, yet accidents still happen, which is why premises liability laws exist. These regulations provide a legal framework that protects customers from injuries caused by negligence.
This blog discusses premises liability laws, their purpose, and what to do when injured in a store.
What Is Premises Liability?
Premises liability laws require property owners to ensure the safety of people who enter their premises. These laws are critical to ensuring customer safety and holding business owners accountable. In stores, owners must create and maintain an environment that minimizes potential customer risks.
Premises liability claims are based on a store owner’s negligence, so they can be held responsible for customer injuries if they fail to meet their duty of care. You can file a claim with the negligent party’s insurance if you are injured in a store because of the owner’s careless attitude.
Store-Related Injuries Covered Under Premises Liability
Premises liability laws encompass a wide range of hazards that shoppers may encounter. Store owners and their appointed managers must take the necessary precautions to prevent the following incidents:
- Slip and fall accidents may occur due to wet floors, recently waxed or mopped areas, or spills that have not been cleaned promptly.
- Improperly stacked items, unstable shelving, or overcrowded displays can lead to accidents. If falling merchandise hits a customer, injuries can be severe.
- Inadequate lighting in parking lots, stairwells, or store aisles can create dangerous conditions. The risk of trips and falls increases in poorly lit areas.
- Broken or defective equipment, such as escalators, elevators, and shopping carts, must be regularly maintained to prevent injuries.
- Store owners are responsible for providing reasonable security to protect customers from criminal activity.
Legal Standards for Proving Premises Liability
The plaintiff must establish several key elements to pursue a premises liability claim. Without proof of these elements, it can be difficult to receive compensation for injuries.
- The store owner must have owed a legal duty to maintain a safe environment.
- The store owner failed to meet this standard of care through negligent actions or inaction.
- The owner’s negligence directly caused the injury.
- The injured party suffered measurable harm, such as medical expenses or lost wages.
The Importance of Documenting Your Injury
If you are injured in a store, there are specific steps you can take to strengthen a potential legal claim. These steps ensure you have sufficient evidence of your injuries and their impact on your life.
- Report the incident to store management immediately.
- Take photos of the accident scene and your injuries.
- Obtain a written incident report.
- Collect contact information for people who witnessed the accident.
- Seek medical attention and retain all medical records, including bills, scans, prescriptions, etc.
- Keep the clothes and shoes you wore during the accident and any damaged items.
Comparative Negligence in Premises Liability Cases
Several states follow variations of comparative negligence laws, which means that the injured party’s compensation may be reduced depending on their percentage of fault for the accident. California follows pure comparative negligence, meaning injured parties may collect compensation even if they are 99% at fault for the incident.
For example, if a shopper is injured because they were texting and overlooked a potential hazard, they may be deemed partially responsible. While the store owner is still liable for not maintaining a safe environment, the shopper is also responsible for being aware of their surroundings.
The percentage of fault assigned to each party depends on the specific circumstances of the incident. Typically, each party’s legal representation will present a portion determined by their investigations. If the parties cannot agree, you may file a personal injury lawsuit where the court will determine liability.
Statute of Limitations
Premises liability claims are time-sensitive due to the statute of limitations, which dictates how much time a person has to file. Each state differs, but the injured party has up to two years to file their claim in California. Failing to file your claim within the timeframe can result in losing your right to seek compensation.
Starting the process as soon as possible is crucial because your attorney must first investigate the incident. Their investigation will determine whether your injury warrants a claim, and if it does, they may need time to gather evidence and contact witnesses.
When to Consult a Premises Liability Attorney
Your premises liability claim may be worth pursuing if you have suffered significant injuries, substantial medical expenses, or long-term impacts on your health and livelihood. Consulting with an attorney can help you understand your rights and potential courses of action. Your attorney can:
- File your claim
- Manage all necessary documentation
- Investigate the incident
- Speak to witnesses
- Handle negotiations
- Take your case to trial
Protect Yourself Through Legal Action
Premises liability laws are critical in protecting consumers and encouraging business owners to prioritize safety. Holding store owners accountable provides legal recourse for those injured due to negligence.
If you’ve been injured in a store, contact HHJ Trial Attorneys for expert legal guidance. Our experienced attorneys will evaluate your case, protect your rights as a consumer, and help you seek fair compensation.
