People go shopping all the time, whether it may be as a hobby or just as needed. When running in and out of stores, people usually do not think of the possibility of being involved in an accident. However, stores can be dangerous in the event that those responsible for them are negligent in providing guests with care. When store owners or employees are negligent, accidents can happen that have the potential to result in severe injuries for a shopper. When facing these situations, victims often want to bring a personal injury lawsuit against the store in which they were injured. In doing so, it is important to retain the services of an experienced New Jersey personal injury attorney.
When dealing with retail store accidents, it is important to understand the concept of premises liability. Store owners have a legal obligation to provide a duty of care to those who come onto their premises. This includes business visitors, meaning all shoppers. This obligation requires store owners and their employees to keep the property in good condition so that shoppers cannot become injured due to any hazards. To do this, routine inspections must be conducted so that they are aware of these hazards the moment they arise. This can include spilled liquids, uneven walkways, poor lighting, unsafe parking lots, construction hazards, and more.
People who are injured in a retail store accident due to the negligence of a store owner often wish to pursue legal action to seek justice for their suffering. This can be done with a personal injury lawsuit to hold the negligent party liable for the accident they caused. It is important to know that the injured party must prove negligence by satisfying the burden of proof. This can be accomplished by answering two questions: was the owner aware of the hazard or should they have known about it and failed to fix it?
With the assistance of a personal injury attorney, this question can be answered by demonstrating how the accident occurred. This can be done with evidence such as actual notice or constructive notice. Actual notice is any type of record that shows the store owner acknowledged that the dangerous condition existed. Constructive notice proves the owner failed to inspect the property to find any potential hazards in the store. If the injured party is able to prove negligence, they may be able to recover significant compensation to cover the damages stemming from the incident.
Contact our Firm
We understand the impact a serious injury can have on an individual’s life. If you have been injured in New Jersey due to another party’s negligence, please do not hesitate to speak with an experienced attorney who can assess your situation and guide you through your legal options. Contact our firm today to learn how we can help.