When a customer is injured in a store, the establishment and the circumstances surrounding the injury will be investigated to determine liability. Commercial businesses are bound by a legal obligation to provide an environment that is safe for their customers and others who enter their establishments. After an injury in a store, the circumstances, and both the store owner and the customer will be investigated and dissected to determine 2 main factors:
- who was at fault for the accident – and;
- at what percentage.
Investigations Following an Injury Taking Place in a Store
We all frequent stores regularly, and like anywhere else, there are opportunities for injuries. Just because you are injured in a store or a grocery store, it is not automatically the fault of the store owner. However, they are responsible for supplying customers with a safe place to do business.
Just because you are injured in a store, it is not automatically the fault of the store owner. However, they are responsible for supplying customers with a safe place to do business.
Depending on the findings of the investigation, the store owner may be required to pay their injured customer for the damages they suffered. When investigating the premises liability accident, the store should be found free of hazards. It is crucial that hazards are corrected, and property repairs are made when they are noticed. If repairs are not performed, customers and store visitors should be made aware of any dangers they might face.
Trip and Fall Accidents and Slip and Fall Accidents Often Occur Due to Conditions Within the Store
The details of the injury and an inspection of the store will usually reveal what caused the customer’s injury in the first place. Both the store owner and the injured customer will note the store’s conditions and the injured party’s actions. Trip and fall accidents and slip and fall accidents often occur due to conditions within the store, such as the following:
- Uneven flooring
- Spills that create a slippery surface
- Snow and ice creating hazardous conditions in the parking lot, sidewalks, or walkway areas
- Damaged flooring
- Obstacles like wires, hoses, or cords that run across walking paths or areas that pose a risk to foot traffic
- Clutter or trash in the aisles of the store or in areas where restocking is taking place
- Products stacked on shelves can become hazardous depending on their weight and the height at which they have been stored.
The store owner may have different levels of responsibility, depending on who is on the property and why they are there. The reasons you are there and the conditions and hazards that caused the accident will all be analyzed when determining the type of damages you can recoup. Though there may be a possible personal injury lawsuit filed, you are also at least somewhat responsible for avoiding obvious hazards in a store if you are able to spot them.
What To Do if You Are Injured in a Store
If you have been injured while walking through a store, slipping and falling, or in some other way, alert the authorities immediately if you are able. Next, take as many notes as you can about the incident, whether in your phone’s Notes App or even a voice recording or video. You should also document all of
the medical bills and appointments associated with your injury. If you have prior injuries, be sure to keep a journal documenting your current injuries and symptoms. Your premises liability attorney will use this information to create a causal connection between the injury and the dangerous condition in the store. Your lawyer will also have to show that the store had notice or constructive notice that there was a defect on the premises.
What you are entitled to recover will depend on your reason for being on the property at the time of your injury. The law recognizes three main types of visitors, but two are applicable to getting injured in a store. Each category will be treated differently by the law. We will discuss each below:
Trespassers in Stores
A person who chooses to enter a store without permission, for instance, if the store is closed, is considered a trespasser. The property owner cannot intentionally do something to hurt the trespasser, such as booby trap the place, but they are also not responsible for keeping the area hazard-free. A trespasser was not invited onto the property, so they will not necessarily be prioritized if they are hurt because of the property owner’s negligence. There are, however, exceptions so it is always worth speaking about your situation with an experienced Dallas premises liability lawyer.
Invitees Injured in Stores
Someone who is hurt in or on store property, who is an invitee, may have a case against the property owner. Invitees are on the property for the purpose of doing business with the understanding from the property owner that they are welcome to be there. As a result of welcoming a person onto the store’s property, the store owner is responsible for keeping the premises free from hazards. When there are hazards spotted, they must inspect and repair them. If the owner ignores the threatening conditions, they are obligated to let visitors to the property know about any safety issues or conditions that should be promptly addressed.
Contact Wolf Law PLLC When You or a Loved One Has Been Injured in a Store
If you have been hurt in a store, you will want to contact Wolf Law, PLLC immediately in order to secure the damages you are entitled to receive and need to recover. The sooner you contact our compassionate yet aggressive legal team, the better. We will analyze the accident, the scene, and the responsibility of the store owner (and any other potentially responsible parties) so that we can help you pursue the monetary compensation you are due.
The premises liability lawyers at Wolf Law has experience negotiating personal injury and premises liability cases and can offer you our skills and legal insight to ensure you receive a generous monetary settlement or trial verdict on your slip and fall lawsuit. We can help you determine what an appropriate compensation package should be and will help you pursue these damages through negotiation or, if it comes to it, litigation. You can trust us to work hard to see that you are compensated. Reach out today for a free consultation. We are ready to review your case and offer advice on navigating your recovery path.