People do not often think of retail stores as dangerous places. However, like anywhere else, accidents can occur in these locations. Retail store accidents may happen if the store owner or its employees are negligent in caring for the premises. Victims of these accidents can sustain life-impacting injuries such as broken bones, spinal cord damage, brain damage, and more. When facing these situations, it is crucial to retain the services of an experienced attorney who can work with you to hold the negligent party liable for their actions.
Premises Liability
Store owners are property owners. This means they are responsible for keeping their grounds safe. This ensures “business visitors” cannot be harmed due to any hazards that are present within the store. In order to make sure this does not happen, they are required to conduct routine inspections of the site so that they are aware of any dangers that need to be fixed. This can include spilled liquids, uneven walkways, poor lighting, parking lot hazards, construction, and more.
Proving Negligence
People who become injured due to another party’s negligence often want to seek justice for their suffering. This can be done by pursuing a personal injury lawsuit. However, it is important to know what this process entails. In order to have a successful lawsuit, the injured party is required to prove negligence. This can be done by answering two questions that satisfy the burden of proof:
- Was the store owner aware of the danger?
- Should the store owner have reasonably known about the danger?
To answer these questions, the injured party must demonstrate how the accident occurred due to the store owner’s inability to rectify a hazard. A store owner may have been aware of the hazard if they received constructive or actual notice. Constructive notice is when the owner failed to inspect the property, despite their obligation to do so. Actual notice consists of any record, such as an email or memo, that shows the owner knew about the hazard. It is beneficial to retain the services of an experienced attorney who can help gather evidence for a successful case.
Contact our Firm
Attorney Newman has represented clients in Pennsylvania for over 45 years. If you need an experienced attorney to help guide you through the personal injury claims process or with any criminal defense matters, Attorney Newman is ready to help. Contact The Law Office of Neal E. Newman today to schedule a consultation.