When people go shopping in retail stores, they expect that they will be safe. This is one of many locations that are not usually thought of as potentially dangerous. However, accidents can occur in these settings just as they can anywhere else. Sometimes, these happen due to the negligence of a store owner or its employees. This can lead to severe injuries such as broken bones, spinal cord injuries, brain damage, and more. Victims in these situations often want to hold the negligent party liable for their suffering. This can be done with a personal injury lawsuit.
Premises Liability
Property owners have an obligation to keep their grounds safe for those who are invited onto it. This obligation is extended to store owners, as they have a duty of care to “business visitors” who are invited into their store to shop. In order to keep their property safe, store owners are required to administer routine inspections to be aware of any hazards that may arise in the store. Dangers that can cause accidents can include spilled liquids, uneven walkways, poor lighting, parking lot hazards, exposed construction, and more.
Proving Negligence
It is important to know that victims of premises liability incidents can hold the negligent store owner liable for the accident they caused. This can be done through a personal injury lawsuit in which they are required to prove negligence. This can be done by answering two questions that satisfy the burden of proof. They are as follows:
- Did the store owner know about the hazard present?
- Should the store owner have reasonably known about the hazard?
To answer this question, the injured party must show how the store owner was negligent. This includes their awareness of the hazard and their failure to fix it. A store owner may have known about the dangers present in the store if they received a constructive or actual notice. Constructive notice is if the owner failed to inspect their property to find any potential hazards. Actual notice is any type of record, such as an email or memo, that proves the store owner was aware of the existing hazard. With the assistance of an experienced attorney, the injured party can gather evidence that shows how the store owner was negligent, thus causing their injuries to occur.
Contact our Firm
If you or someone you love was injured in a personal injury accident and wish to speak with an experienced attorney, contact Lloyd J. Eisenberg & Associates today.
