As shoppers start coming back to stores after months of business closures, it is important for store owners and the people they employ to make sure the property is safe. This is because the failure to take care of a store’s grounds can result in serious accidents that lead to injured shoppers. When an accident happens, shoppers can sustain injuries such as broken bones, spinal cord injuries, brain injuries, and more. That is why injured parties can pursue legal action against the negligent party to recover compensation for the damages. Continue reading below to learn more and contact an experienced Texas personal injury attorney for assistance.
Who is Responsible for a Retail Store Accident?
When going into a store, shoppers are considered “business visitors.” This means they are owed a duty of care by the owners and staff at the retail store. The duty of care requires store owners and their staff to make sure the premises is safe for shoppers to come onto, otherwise they can be held liable for injuries that happen as a result of their negligence. A property can be made safe by conducting regular inspections to discover and fix it so that shoppers cannot be harmed. Examples of hazards that are often found in retail stores can include spilled liquids, uneven walkways, poor lighting, unsafe parking lots, construction hazards, and more.
How Can I Prove Negligence?
When a retail store accident occurs due to the negligence of the owner or staff, the injured party can work to hold them liable through a personal injury lawsuit. In doing so, they are required to satisfy the burden of proof by proving the owner/staff knew or should have known about the hazard and they failed to fix it. This can be done by gathering evidence that demonstrates how negligence occurred. Helpful evidence can include if there was actual notice or constructive notice. Actual notice is any record that proves the store owner knew about the existence of the hazard, while constructive notice is if the owner failed to inspect their property entirely. An experienced attorney can help to gather the proper evidence necessary to prove negligence.
Contact our Firm
We understand the impact a serious injury can have on an individual’s life. If you have been injured in New Jersey due to another party’s negligence, please do not hesitate to speak with an experienced attorney who can assess your situation and guide you through your legal options. Contact our firm today to learn how we can help.