Recovering damages after a retail slip-and-fall

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Recovering damages after a retail slip-and-fall

Retail stores and businesses have a legal responsibility to maintain their properties in a reasonably safe manner. If you have been injured in a slip-and-fall accident while shopping in California, the retail store or business may be liable for damages.

To recover damages following your accident, you may have to file a premises liability claim against the parties responsible for your accident. You will have to establish the following elements to successfully prove your claim.

  • Legal status: Property owners only owe a duty to those who are lawfully on their property. Therefore, you must prove that you were a guest, licensee, or business invitee, rather than a trespasser, at the time of the incident.
  • Dangerous condition: You must prove that there was a dangerous or hazardous condition on the property at the time of the incident. Slippery floors, poor lighting, or broken steps are all possible hazardous conditions.
  • Causation: You must also establish that the dangerous condition on the premises caused your accident.
  • Notice: You will need to show that the store owner knew or should have known of the dangerous condition.
  • Breach of duty: You must establish that the store owner failed to take reasonable action to remedy the dangerous condition
  • Injury: You must establish that you suffered injuries as a result of the accident.

Slip-and-fall accidents can result in serious injuries and thousands of dollars in medical expenses and lost wages. By filing a claim against the store owner, you have an opportunity to recover damages following your incident. An attorney specializing in slip-and-fall accidents can help you file your suit and prove your case.