There are many places that people usually do not think of as dangerous. This can include retail stores. When people go shopping, they often do not consider the chance that they can be involved in an accident. However, it is possible for a person to become severely injured in the event of an accident at a retail store. This can happen due to the negligence of the store owner or its employees. Victims can sustain injuries varying from broken bones to brain damage and more. When this happens, it is important to know the injured party can hold the negligent party responsible for the accident they caused. This can be accomplished through a personal injury lawsuit.
Store owners are considered property owners. This means they have an obligation to keep their premises safe for those who are invited onto it, also known as “business visitors.” In order to keep a property safe, the store owner must conduct routine inspections of the grounds. This ensures they are aware of any potential hazards when they arise, not after they already injure a person. Different dangers that can be present in a retail store can include spilled liquids, uneven walkways, poor lighting, parking lot hazards, construction, and more.
When a person becomes injured due to the negligence of another party, they often wish to hold that party liable for their suffering. This can be done by retaining the services of an experienced attorney and filing a claim for a personal injury lawsuit. During this time, the injured party must prove negligence by satisfying the burden of proof. To do so, they must answer two important questions:
- Was the store owner aware of the danger?
- Should the store owner have reasonably known about the danger?
These questions can be answered by demonstrating how the accident occurred in addition to the store owner’s awareness of the hazard and their failure to rectify it. It is possible that a store owner knew about the hazard if they received constructive or actual notice. Constructive notice is if the owner did not fulfill their obligation in inspecting the property. Actual notice is any type of record that proves the store owner knew about the hazard. An experienced attorney can assist the injured party in collecting evidence that proves how the store owner was negligent and caused their injuries.
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