Is a Store Liable for a Customer Injury?

Is a store liable for a customer injury? Generally, stores can be held accountable if their negligent actions contributed to a customer’s accident and resulting injuries. 

Working with a knowledgeable Sacramento premises liability lawyer may be the best way to determine whether you have grounds for a claim.

Premises liability refers to a property owner’s responsibility to maintain a safe environment for visitors. In the context of a store, this means ensuring that the premises are free from hazards that could cause harm to customers.

When a store fails to address dangerous conditions, such as spills, uneven flooring, or faulty equipment, it may be held liable if a customer is injured as a result.

The Duty of Care Stores Owe Customers

Stores have a legal obligation, known as a duty of care, to maintain safe premises for customers. This duty includes regularly inspecting the property, addressing hazards like spills or debris, and ensuring that walkways, shelving, and equipment are secure. By taking reasonable steps to prevent accidents, stores can reduce the risk of injuries and protect their customers from harm.

When a store fails to meet this obligation, it may be considered negligent, opening the door to liability if a customer is injured. For example, if a spill is left unattended for an extended period and causes a customer to slip and fall, the store could be held responsible for the resulting damages. Breaching this duty of care can lead to claims for medical expenses, lost wages, and other losses related to the injury.

Common Hazards Leading to Store Injuries

In-store injuries often result from preventable hazards that create unsafe conditions for customers. Risks like wet floors, poor lighting, or falling merchandise can lead to serious accidents, leaving victims with significant injuries. 

Your Sacramento personal injury lawyer will be responsible for identifying these hazards to understand how the store could be found liable for failing to address dangerous conditions. Specific safety hazards that are common in store accidents include:

• Slippery floors – There are spills, leaks, or freshly mopped areas without warning signs.
• Cluttered aisles – Boxes or merchandise may be left in walkways.
• Unsafe shelving – Items may be improperly secured or overstocked.

Proving a Store’s Liability for Your Injuries

To hold a store liable for a customer injury, you must establish four key elements: duty, breach, causation, and damages per Page 230 – CACI No. 400. Negligence. 

The store must have owed you a duty of care to provide a safe environment, and they must have breached that duty by failing to address a hazard. Additionally, you must demonstrate that this breach directly caused your injuries, resulting in financial and emotional damages.

Gathering Evidence to Support Your Claim

Gathering evidence promptly is critical to building a strong case against the store. Surveillance footage can show how the accident occurred and whether store employees took appropriate steps to prevent the hazard. Witness statements from other customers or employees can provide additional details about the conditions leading up to the accident.

Maintenance records can reveal whether the store had a history of similar issues or failed to address known hazards. For example, if records show that a spill was reported but not cleaned up for hours, this could demonstrate negligence. Acting quickly to preserve evidence, such as requesting video footage before it is overwritten, can increase your chances of proving liability for your damages.

Comparative Negligence Could Impact Your Settlement Award

Comparative negligence laws determine how your own actions may impact your ability to recover compensation. If you are found partially at fault for the accident, such as ignoring warning signs or wearing unsafe footwear, your compensation may be reduced by your percentage of fault.

For example, if you are deemed 20% responsible, your total award will be reduced by that percentage according to California Civil Code § 1714.

Even if you share some fault, you may still be entitled to recover damages under comparative negligence rules. When you gather powerful supporting evidence and address shared fault allegations with the help of a dedicated legal representative, you can increase your chances of maximizing your financial compensation. When you understand how the state’s shared fault laws work, you can protect yourself from being taken advantage of. 

Compensation Available for Store Injury Claims

If you suffered an injury in a store, you may be entitled to recover compensation for both economic and non-economic losses. Economic damages address financial expenses related to your injury, while non-economic damages focus on the emotional and physical impact. 

When you understand the types of damages you are entitled to, you can pursue maximum compensation for your losses without being pressured into settling for less than your claim is worth.

Economic Damages

Economic damages provide financial relief for the measurable costs associated with your injury. These damages cover current and future expenses directly tied to the accident, such as medical bills and lost income. Examples of recoverable economic damages include:

• Emergency care, follow-ups, and physical therapy.
• Time missed from work due to injury recovery.
• Personal items damaged during the incident.

Non-Economic Damages

Non-economic damages address the emotional and physical toll that an injury has on your quality of life. Pain and suffering account for the discomfort and limitations caused by your injuries. Emotional distress, such as anxiety or depression stemming from the accident, is another factor that may be considered.

Loss of enjoyment of life may also apply if your injuries prevent you from engaging in activities you once enjoyed. For example, if a back injury limits your mobility or ability to participate in hobbies, this loss can be included in your claim. You can demand fair compensation that covers the full extent of your suffering when you thoroughly document the various ways your life has been affected by the injuries you sustained.

Contact a Knowledgeable Premises Liability Lawyer for Help Today

If your injuries from a slip and fall accident have left you in pain and struggling to move forward, legal support could make all the difference. Your dedicated Sacramento slip and fall accident lawyer from Triumph Law will fight to hold negligent property owners and store employees accountable for their negligent actions. 

Call us or complete our convenient contact form to schedule your free, no-obligation consultation today.