No one expects a day of shopping to turn into a day at the emergency room. But if you slip and fall while in a store, that may be how your day goes. Once you get your diagnosis, initial treatment, and prognosis for recovery, your attention may turn from your immediate medical needs to the losses you have suffered from your slipping accident and the need to be compensated for those losses.
If your accident occurred because the person responsible for maintaining the store premises was negligent, you can pursue an injury case to collect a financial settlement from that party. For the most successful outcome to your case, connect with an experienced Los Angeles slip-and-fall lawyer from Simmrin Law Group.
Store Owners Must Keep Their Customers Safe
Store owners are responsible for keeping their premises safe for those visiting the property. The legal term for this responsibility is “duty of care.” If they lease or rent the store space, they still owe visitors this duty as occupiers and controllers of the property.
When store owners breach this duty–they fail to uphold it–and store visitors suffer harm because of the breach, the victim can hold the store owner accountable for covering the resulting damages. Not every slip or fall accident happens because of a breach of duty, and under California law, everyone is responsible for taking “ordinary care” of themselves.
However, if you are hurt from a fall in a store, you should not automatically take the blame or blame yourself. Instead, take steps to report the accident, document your injuries, and reach out to a premises liability attorney who will review your case and determine if a breach in duty caused your accident. If so, your attorney will help you fight for the compensation you rightfully deserve and need to support your recovery.
For a free legal consultation, call (310) 896-2723
Determining Breaches in Duty of Care
Store owners breach their duty of care, and open themselves up to lawsuits when they fail to do what a reasonable property owner would do to keep their properties safe. Several factors contribute to the determination of whether an action or lack of action is a breach of duty. Factors include, as stated in California Civil Jury Instructions (CACI) 1001:
- The property’s location
- How likely injuries are to occur on the property
- The potential seriousness of such injuries
- Whether the owner knew about or should have known about the hazard causing your accident
- The extent to which the owner could have mitigated that hazard
- The level of control the owner had over the hazardous condition
Without a legal background, it is difficult to truly assess your accident and whether the event represents a breach of duty of care. Trust an experienced attorney to make this determination.
Evidence Needed for a Successful Lawsuit
The team at Simmrin Law Group knows how to investigate your accident thoroughly to find its cause and has the resources to collect evidence to support your slip-and-fall claim.
To prove your claim of negligence, your lawyer will gather evidence to show the hazard was apparent, perhaps by speaking with witnesses or from photos of the accident scene. Your attorney will also discover whether previous complaints were made about the dangerous condition, how long the condition existed, whether others had been injured by that hazard, and if there were previous but inadequate attempts to remove or fix the danger.
Examples of Breaches in Duty
Slips on a store property can happen for a variety of reasons. Examples of slipping accidents that may lead to injury claims include those caused by:
- Unmarked wet floors
- Broken steps that have long needed repair and/or are not labeled with caution signs
- Boxes, store inventory, or debris left cluttering an aisle, or walkway used by store visitors
- Poorly lit aisles, hallways, or stairwells
- Loose or torn carpeting or uneven floorboards
- Unsecured cables or electrical cords
Again, whatever the cause of your accident, do not dismiss the owner’s responsibility without speaking to a slip-and-fall accident lawyer. While store owners are not liable for injuries caused by minor defects what may be considered a minor defect on one property may not be on another.
For example, grocery stores contain lots of liquid products in breakable containers. Therefore, they need to expect spills and have a system in place to clean those spills promptly. Other types of stores, such as those selling apparel, may not be expected to have as swift a “spill-cleaning” system. Whatever the situation, store owners must reasonably anticipate dangerous conditions on their properties and act to reduce the danger.
Damages You Can Sue for After Slipping in a Store
Slipping accidents can do significant damage. As a victim, you may suffer a broken bone, head injury, back or neck injury, or even spinal cord damage. These injuries come with varying levels of recovery, and the extent of your injuries and their consequences, along with other specific factors of your accident, affect the amount of compensation you can receive.
You can depend on your attorney to evaluate your losses thoroughly and make a settlement demand to cover:
- Medical expenses and future care costs
- Income lost to time missed at work while recovering
- Additional expenses related to the accident
- Suffering, both physical and emotional
- Scarring or disfigurement
- Losses to your overall quality of life
A skilled slip-and-fall lawyer from our firm will fight hard to get you maximum compensation, setting you up for the highest level of recovery and a secure financial future.
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If You Slip in a Store, Call Simmrin Law Group
Too often, victims slip or fall in a store and walk away blaming themselves and feeling embarrassed, when in reality it is the store owner who bears responsibility and should feel embarrassed by the harm their negligence has caused. The slip-and-fall lawyers at Simmrin Law Group will hold negligent store owners accountable so victimized customers can get the settlement they need to get back on their feet both physically and financially. If you have been injured by a slip in a store, call or send us a message so we can start fighting for you.