When shopping at your favorite retail store, the last thing you expect is to be injured by a hazardous condition. Unfortunately, accidents like slips, trips, and falls happen more often than we realize. In these cases, determining who is legally responsible can be complex. Parties such as store owners, employees, third-party competitors, and manufacturers may have contributed to your injuries.
The Law Office of Cohen & Jaffe, LLP helps you understand your legal options, build a case proving negligence of one or more parties, and fight for the compensation you deserve. We have experience handling complex premises liability cases and will support you through every step of the legal process.
Overview of Premises Liability
These types of cases hold property owners and occupiers liable for injuries that occur on their property due to unsafe conditions. It emphasizes the duty of property owners to maintain a safe environment for visitors. When a person is injured as a result of dangerous conditions—such as slip-and-fall accidents, inadequate lighting, or defective staircases—the injured party may file a premises liability claim to recover damages caused by the property owner or manager.
To obtain a favorable resolution in a premises liability case, victims must prove the property owner was negligent in maintaining the property. This includes failure to fix a known hazard, failing to properly warn visitors of dangers, or not inspecting the property regularly for safety concerns. However, the responsibility of the property owner varies depending on the status of the injured person—whether they were a guest, trespasser, or business invitee—and the type of property involved.
Liable Parties in a Retail Store Accident
When an accident occurs in a retail store, determining liability is essential to understanding who is responsible for the damages you suffered. Several parties may be involved, and identifying one or multiple parties can significantly affect the outcome of a personal injury claim.
The following are the parties that could be liable in a retail store accident:
Store Owners and Operators
The primary party responsible for customers’ safety in a retail environment is the store owner or operator. They have a duty of care to ensure the store is free from hazards that could cause harm to customers. This includes regularly inspecting the premises, promptly addressing hazards, and maintaining safe conditions throughout the store. If an accident occurs due to the store’s negligence in maintaining the property, the owner or operator may be held liable.
Employees
In many cases, store employees may contribute to an accident, either by failing to act within their duties or by directly causing a hazardous situation. For example, if an employee is responsible for cleaning up a spill and neglects to put up a warning sign, the employee’s actions (or lack thereof) could be deemed negligent. Depending on the circumstances, the store itself may also be vicariously liable for an employee’s actions if they were within the scope of their job duties.
Third-Party Contractors
In some retail stores, third-party contractors are hired to manage specific areas of the store, such as cleaning services, maintenance, or security. If a contractor’s negligence leads to an accident, they could be held liable. For example, a cleaning company hired to mop floors may leave wet floors unmarked, causing a slip-and-fall accident. In these cases, both the contractor and the store could be named as defendants in a lawsuit.
Manufacturers and Suppliers
In accidents caused by defective products or poorly manufactured goods, the manufacturer or supplier may be held liable. For example, if a product sold in the store is poorly designed or malfunctions and the malfunction leads to an injury, the manufacturer of the product could be responsible. Retailers may also be liable if they fail to recall or address known issues with a product they are selling.
Property Owners (for Leased Locations)
If a store is renting or leasing a space, the property owner may also share responsibility, depending on the lease agreement. Property owners are generally responsible for exterior maintenance of the building and ensuring that structural issues, such as faulty stairs or uneven walkways, are repaired. However, store owners are often responsible for internal conditions, such as aisles and shelves. In certain cases, liability may fall on both parties if the property owner or the store owner fails to take reasonable actions to prevent accidents.
Types of Damages You May Recover in a Retail Store Accident
If you’ve been injured in a retail store accident, you may be able to recover various types of economic and non-economic damages. The exact amount depends on the circumstances of the incident, your injuries, and the state in which the accident occurred. The following are some common types of damages you may be able to claim:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of consortium
Experienced personal injury lawyers at Law Office of Cohen & Jaffe, LLP help guide you through the process and work to maximize your claim.
Speak With the Retail Accident Lawyers at The Law Office of Cohen & Jaffe, LLP
If you’ve been injured in a retail store due to unsafe conditions, it’s crucial to understand your rights and the potential for compensation. Whether you’re dealing with medical expenses, lost wages, pain and suffering, or property damage, you may be entitled to recover several types of damages. However, determining liability can be complex, as multiple parties—store owners, employees, contractors, or even manufacturers—could be at fault.
At the Law Office of Cohen & Jaffe, LLP our experienced team is dedicated to helping you navigate the complexities of premises liability cases and fighting for the compensation you deserve. Let us handle the legal details while you focus on your recovery. For a free consultation, contact us today at (516) 358-6900 or visit our contact form. You can also learn more by checking out our YouTube channel here.
