You expect stores to be clean, well-lit, and free from hazards when you go shopping. When store owners or managers fail to take the proper steps to inspect, identify, or address known dangers, patrons can ― and do ― suffer serious harm.
Retail store accidents send thousands of individuals to the hospital each year. If you sustained an injury while running errands in Sacramento, you could be entitled to compensation if the store management’s negligence caused the incident. An experienced California premises liability attorney can guide you on how to handle your store injury claim.
The Sacramento retail store accident lawyers at Demas Law Group have more than 25 years of experience representing injured people throughout Northern California. We’ll advise you on the strength of your case and develop a well-crafted strategy to pursue the money you deserve. Call or contact us today for a free consultation.
California Laws on Commercial Property Safety
Is a store liable for a customer injury? In California, quite possibly so.
If you get hurt while shopping on commercial property, your case falls under California premises liability law. By law, property owners, managers, and other parties may be held liable if they fail to take reasonable steps to prevent others from being harmed on their premises.
California law makes legal distinctions about premises liability based on the relationship between the owner and the person visiting their property. When it comes to retail store accidents, customers are generally considered invitees, which refers to anyone invited onto someone’s property for a commercial purpose.
State law requires property owners to protect invitees by taking action to mitigate known hazards. Those duties include regularly inspecting the premises for potential dangers and warning invitees of any dangerous conditions. Failure to meet those standards could result in a premises liability lawsuit if an invitee gets hurt.
One challenge in store injury claims is showing the property owner knew (or should have known) about the dangerous condition that led to the accident. A skilled personal injury attorney can collect solid evidence to support your claim and push for maximum compensation in your case.
What to Do After an Accident in a Retail Store
Knowing what to do if you injure yourself in a store can protect your legal rights to compensation. Take these steps if you can:
- Report the accident – Notify the property owner or manager and get a store incident report. It’s also a good idea to call the police and file an accident report. Both documents serve as a record of the time and date of the accident.
- Gather evidence from the scene – Take pictures of the area and the hazard(s) that led to your injury. Get the names and contact information of any witnesses.
- Get medical treatment – See a doctor as soon as possible, follow their instructions precisely, and keep all medical records and receipts.
- Write down what happened – Keep a journal with your memories of the accident and your recovery.
- Do not give a statement to insurers – Avoid talking to the store’s insurance company until you have spoken to a lawyer. Retail stores don’t want the bad publicity that comes with a lawsuit. But their insurers don’t hand out fair store injury settlements easily. An adjuster may ask tricky questions that could lead you to say something that hurts your case.
- Hire a retail store accident attorney – Big box stores and other retailers will try to minimize or deny their responsibility for your injury. A lawyer can anticipate the tactics they may use against you and develop counter-arguments to protect your case.
Types of Retail Store Accidents
Common types of retail store accidents in California include:
- Slip-and-fall or trip-and-fall accidents – Slippery floors, spilled liquids, obstacles, inclement weather, and debris can cause serious injuries if store owners don’t address them right away.
- Falling objects – Customers can be injured in a store if they are struck by merchandise falling from shelves or dropped by employees.
- Malfunctioning elevators or escalators – Elevators and escalators require regular maintenance and inspection. Shoppers can sustain severe injuries if these complex machines get stuck, stop suddenly, or break.
- Shopping cart accidents – Defective or broken-down shopping carts can be hazardous for children, especially if they fall, tip over, or entrap fingers and limbs.
- Violence – Physical assaults, shootings, and other injuries can be due to negligent security at retail stores.
Proving My Case in a Retail Store Accident
Proving a property owner or other party was negligent in a retail store accident claim can be difficult. You’ll need to establish several factors:
- The responsible party owned, leased, or controlled the premises.
- They negligently maintained or failed to maintain the property.
- You suffered an injury on the property due specifically to their negligence.
- The defendant’s negligence contributed to your injury.
Satisfying the above elements takes strong evidence, such as:
- The retail store incident report
- Police accident reports
- Medical records
- Photos, video surveillance footage, and physical evidence (e.g., clothing or footwear from the day of the accident)
- Eyewitness accounts
- Expert witness testimony
- Records of prior incidents on the property (if any)
How a Personal Injury Lawyer Can Help
Retail stores rely on their positive reputation to keep shoppers coming back. News that someone suffered a serious injury on their premises can harm their standing in the community. That’s good for you as the plaintiff, meaning that most stores are motivated to keep their claims out of court. However, they’ll use every strategy to reduce their liability for the accident. That’s where a personal injury attorney can help.
A knowledgeable lawyer can review your store injury claim and determine what your case is worth. Then they can conduct a detailed investigation into the accident to establish the retail store’s liability and demand compensation for your past, present, and future losses. A personal injury lawyer will also manage settlement talks so you aren’t under-compensated.
Get Help From a Sacramento Premises Liability Attorney Now
Shopping shouldn’t be dangerous. If you or a loved one was harmed in a retail store accident, contact Demas Law Group for a free initial case review.
