When you go to a store, you are unlikely to anticipate suffering a serious injury. Most people assume that retail stores are well maintained and that storeowners would not invite customers into a store full of dangerous hazards. However, many different types of mishaps may occur in retail stores, including slip and falls, falling merchandise, forklift accidents, and trip and falls. At The Law Office of Black & DePaoli, PC, our Folsom premises liability lawyer can help you try to recover damages after a retail store accident.
Seeking Compensation for Your Injuries
Proving that a defendant is liable after a retail store accident may be challenging. Sometimes, when a victim is hurt in a retail store, the problem is fixed so fast that there is no time to gather evidence. Sometimes surveillance tape is erased in a short period in the ordinary course of business. Employees who know information may be interviewed for proprietary interviews that are not immediately released to plaintiffs’ attorneys. There are many tactics that a retail store may use to avoid paying compensation to someone injured in the store. It is essential to use the legal discovery process to obtain the truth about what happened and why.
If you were injured in a retail store accident, you will need to establish that the store had actual or constructive notice of whatever caused your injuries. When a retail store has a condition that creates an unreasonable risk of harm, and the store owner knew or should have known about it but failed to either repair the condition or warn the public about the danger, it may be held responsible for its negligent maintenance of its property.
Notice of the dangerous condition that caused your injuries is a critical component of these cases. To prove actual or constructive notice, you will need to show that there was a defect in the property that existed for long enough that it should have been fixed, the store failed to inspect so that it would know whether there were any dangers, or that the store created the condition, such as by stacking boxed merchandise unnecessarily high or spilling a liquid on the floor and failing to adequately clean it up.
If you can show that the store had not been inspected within a reasonable window of time, such that someone using due care would have found and fixed the danger that harmed you, you can show that the store had constructive notice of the hazard. The inference is that the condition existed long enough that the owner should have learned of it. If the storekeeper or its employee created the dangerous condition, it is also assumed that the owner knew or should have known about it.
Discuss a Folsom Personal Injury Lawyer
If you suffer injuries in a retail store accident, you may be able to recover economic and noneconomic damages. However, in many cases, storeowners will deny that they knew about the condition that caused your injuries. It is essential to consult a Folsom personal injury lawyer in the California area who has experience handling these cases on behalf of plaintiffs. Our principal, Travis G. Black, previously worked in the insurance industry and understands how insurers think. For a free consultation, call The Law Office of Black & DePaoli, PC at (916) 962-2896 or contact us online.