While a majority of retail locations will maintain precaution and ensure that their premises are safe for shoppers, retail store accidents can nonetheless occur. If you or someone you know has been injured while shopping, it is important to know that the State of California protects your right to compensation. Here, we will discuss a retailer’s responsibility to the safety of their customers and what you can do to protect your rights when an accident strikes.
Retailer’s Duty of Care in California
In California, a duty of care in premises liability is the legal obligation a retail store has to avoid causing injury to those in the property. Retail store owners and property managers need to do whatever is reasonably possible to ensure the customers are safe from a hazardous condition that may cause them injury or harm.
When a retail store fails in preventing or correcting a potentially hazardous condition, and thereby causes a customer to get hurt, the property owner and manager can be considered negligent.
Under state law, negligence is a violation of the retail store owner or property manager’s duty of care. When a breach occurs, the violation will make the retail store owner or manager liable for the damages sustained by the customer. When an injured customer seeks restitution for the injuries, filing a premises liability claim may offer the following compensations:
- Reparations for out-of-pocket medical expenses,
- Compensation for future medical bills,
- Restitution for the loss of wages,
- Pain and suffering,
- Loss of quality of life,
- Other applicable damages
Proving Retail Store Owner Responsibility in California
Claiming retail store negligence is easy; however, demonstrating liability is a very complex issue. In order to demonstrate that a retailer is negligent in causing the injuries of the customer, the following elements must be present:
- A hazardous condition in the store caused the injuries.
- The property owner, or manager, was aware of the hazardous condition or should have been aware.
- The property owner failed to repair or eliminate the hazardous condition.
- The injured claimant did not contribute to his or her injury.
- The hazardous condition was the main cause of the injuries.
- The injuries and any subsequent damages are real.
After a Retail Store Injury, Speak to Knowledgeable Personal Injury Attorney
Premises liability injuries occur regularly. Even when a case is valid, the claimant may have difficulty in demonstrating that the retail store owner was responsible for the hazardous condition that caused the injuries. If you have suffered an injury while shopping, seek the legal support of a knowledgeable premises liability attorney who will protect your right to a fair compensation.
Attorney Albert E. Hirst has many years of dedicated experience in handling premises liability cases. Personal injury claims in the State of California are time restricted; if you have been injured while in a retail store, consult a knowledgeable attorney.