Retail Store Liability

If you or a family member has sustained serious injuries because of a dangerous or defective condition in a retail store, you may have a legal right to seek compensation by establishing retail store liability. The Pembroke Pines premises liability attorneys at Cohn & Smith can help residents of Pembroke Pines and the surrounding cities try to hold liable any parties that may be responsible for their injuries. We can investigate the details of your situation and craft a strategy tailored to your needs and goals.

Customers in a retail store can expect these establishments to take reasonable care to maintain their property in a safe condition. Traditionally, the duty owed to someone who ventures onto another’s property is defined by the purpose of the visit, with a higher duty being owed to business invitees than to licensees or trespassers. The category of invitees includes customers in a store. In order to keep them free from avoidable risks of harm, a business must make regular inspections to identify property defects. If it finds them, it must repair them or warn customers of their presence. Failing to find and address a hazardous condition of which the store knew or should have known can expose it to liability through a personal injury claim.

Serious accidents can result when retail stores fail to properly maintain and inspect their property. Merchandise can fall off high shelves when it is improperly stacked, spilled fluids can make a floor slippery, and uneven pavement can cause an unexpected fall. There may be many kinds of economic and non-economic damages that a victim of such an accident can seek. Some common examples include medical bills, the costs of future treatment, lost wages and earning capacity, and pain and suffering.

In most situations, an injured person has four years to bring a claim arising from an accident in a retail store. Therefore, it is critical in any potential premises liability claim to contact a knowledgeable attorney as soon as possible so that you have time to explore your options.

A business being sued for damages after an accident may argue that the customer contributed to causing his or her own harm. Florida law holds that a defendant in a negligence case can seek to assign part or all of the blame for an accident to the victim, or in some cases a third party. If the defendant can make out a successful comparative fault argument, the plaintiff’s damages award may be reduced in proportion to his or her degree of fault. However, it is important to remember that you can potentially recover compensation as long as you were not entirely responsible. This means that, for example, a victim who incurs $100,000 in costs after an accident for which he or she is 30 percent at fault may be able to receive up to $70,000 in damages.

An unexpected accident can change your life and the life of your family forever. To speak to an experienced slip and fall attorney in the Pembroke Pines area, call Cohn & Smith at 954-431-8100 or contact us online. We offer a free initial consultation with a lawyer, during which we can discuss the details of your accident and injuries and explain your options. We have represented individuals throughout South Florida, including in Pembroke Pines, Weston, and Aventura.