First, victims have to show the store owner knew or should have known there was a dangerous condition. Victims must also show the store owner failed to take reasonable steps to correct the hazard or warn visitors about it; and that injuries occurred as a direct result of this failure. For these reasons, when an accident happens in a store, injured victims should consult a personal injury attorney.
Top Injury Causes That Store Owners are Liable For
Three of the most common mistakes property owners make that can lead to injuries for customers and liability for owners include:
- Items in aisles: Debris in aisles can occur when items fall from shelves; when stores are cluttered; when the store is poorly organized or designed; or when there aren’t proper cleaning procedures. Whether a store is responsible for debris in the aisles is going to depend upon factors including how long the items were in the aisle, how the items got there, and whether the store should have corrected the issue. Stores are only liable if they were aware of the debris, or should have known about it, and failed to correct the problem.
- Slippery floors: Floors may be slippery because of the material they are made of, or because of spills or weather conditions. Coefficient of friction is a scientific and objective measure used to determine how slippery a floor is. Victims who sustain injury because a floor is too slippery can present engineers, flooring and other expert witnesses to explain how these unsafe conditions led to the accident occurring. Victims will have to show the store was aware of the slippery conditions.
- Negligent security: Inadequate security in a store can result in a customer suffering injuries as a result of a robbery, assault, or other act of violence. California Civil Jury Instructions 1005 explain that: “An owner/landlord of a business that is open to the public… must use reasonable care to protect…patrons… from another person’s harmful conduct… if the owner/landlord can reasonably anticipate such conduct.” Previous criminal activity in the area where a store is located is one of many factors considered in determining if precautions should have been taken to protect patrons against criminal activity.
It is up to injured victims to prove every element of their case against the owner of a store. A Long Beach personal injury attorney will obtain store surveillance footage, witness statements, maintenance records, security logs, and any other evidence needed to make a successful claim for compensation.
How a Long Beach Personal Injury Attorney Can Help
Your Injuries are Personal to Me
As a Long Beach personal injury attorney who only represents accident victims, I am serious about helping clients get the compensation they deserve to cover their losses. When an injury happens in a store, I can determine how the accident happened and prove the store owner should be considered responsible for the resulting damage.
Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation.
You are under no obligation and you will never pay any money unless you recover damages for your injuries.
I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.