Yes, you can sue a retail store if you were injured on their property because they were not careful. The legal idea behind this is called “premises liability.” This means that property owners, including retail stores, have a legal duty to keep their property in a reasonably safe condition for the people who visit.
Think of it like this: when you invite guests to your home, you have a responsibility to make sure there are no major dangers, like a broken step on your porch that someone could trip on. Stores have a similar duty to their customers. They need to be on the lookout for and fix any dangerous conditions that could hurt someone.
If a store fails to keep its property safe, and that failure leads to your injury, this is called negligence. When a store is negligent, you can file a premises liability lawsuit against them to get compensation for the harm you suffered. To win your case, you will have to show that the store had a duty to keep you safe, that they failed in that duty, that their failure directly caused your injury, and that you were actually harmed as a result.
What Do I Need To Prove My Slip and Fall Claim in California?
One of the most common ways people get hurt in stores is through slip-and-fall accidents. You might slip on a spilled drink, a freshly mopped floor without a warning sign, or a leaky freezer. To win a slip and fall case, you and your lawyer will need to prove that the store was negligent.
A key part of this is showing that the store knew or should have known about the dangerous condition. This is called “notice.” You need to show that:
- The store owner or an employee caused the spill or dangerous spot.
- The store owner or an employee knew about the danger but did nothing to fix it.
- The danger was there for so long that a careful store owner should have found it and fixed it.
For example, if a customer drops a jar of salsa on the floor and you slip on it 10 seconds later, it might be hard to prove the store was negligent. They did not have a reasonable amount of time to find and clean it up.
However, if that salsa was on the floor for an hour, the store probably should have found it. A store is expected to do regular inspections to keep the floors safe. If you can show that the store did not inspect its floors for a long time before your accident, that can be strong evidence that they were not being careful. You don’t always have to prove exactly how long a spill was there if you can show the store was not doing its safety checks.
What Other Types of Claims Can I Sue the California Retail Stores For?
While slip-and-fall cases are common, there are many other ways a store’s carelessness can cause injuries. You can sue a retail store for other types of accidents as well.
Falling Objects
Stores often stack merchandise high on shelves. If these items are not stacked properly, they can fall and strike a customer, causing serious injuries. Stores have a duty to make sure their shelves are stocked safely.
Unsafe Structures and Fixtures
Under California’s dangerous structure law, property owners can be held responsible for injuries caused by unsafe parts of their building. This can include:
- Broken stairs or wobbly handrails.
- Poorly maintained elevators or escalators.
- Faulty automatic doors that close on people.
- Collapsing shelves or display racks.
Defective Products
Sometimes, an injury is caused by the product itself. If you are hurt by a defective product that you bought at a store, you may be able to sue the store for selling it. For example, if a toy has sharp parts that break off and injure a child, both the manufacturer and the store that sold it could be held responsible.
Store Security Issues
You can also file store security lawsuits in certain situations. This can happen in two main ways. First, if a security guard or store employee wrongfully detains you, accuses you of shoplifting without reason, or uses excessive force, you may have a case for false imprisonment or assault. Second, if a store fails to provide adequate security in a high-crime area and you are assaulted in their parking lot, you might be able to sue them for not taking reasonable steps to protect you.
What Are Some Legal Options Available in a California Retail Store Lawsuit?
When you sue a retail store for your injuries, the goal is to get financial compensation to help you get back on your feet. This compensation is meant to cover all the losses you have suffered because of the accident. This can include money for:
- Medical Bills: This covers everything from the initial ambulance ride and emergency room visit to any surgeries, doctor’s appointments, physical therapy, and medication you may need in the future.
- Lost Wages: If your injuries prevent you from working, you can be compensated for the paychecks you have missed. If your ability to work in the future is affected, you can also seek money for that lost earning capacity.
- Pain and Suffering: This is money to compensate you for the physical pain and discomfort your injuries have caused.
- Emotional Harm: An accident can be a traumatic experience. You can also be compensated for the emotional harm it causes, such as fear, anxiety, depression, or sleep loss.
Can the Retail Store Assert Any Defenses Against Me?
Yes. When you file a lawsuit, the store and its insurance company will have lawyers who will try to defend the case and pay as little as possible. These are known as personal injury defenses.
One of the most common defenses in California is called “comparative negligence.” The store might argue that the accident was partly your fault. For example, they might claim that you were not paying attention because you were texting on your phone, or that you were running in the store.
Under California law, if a jury finds that you were partially at fault, your compensation will be reduced by your percentage of fault. So, if you were found to be 20% at fault for the accident, the total amount of money you receive would be reduced by 20%.
The store might also argue that the dangerous condition was “open and obvious.” They might claim that any reasonable person would have seen the danger and avoided it. In California, property owners still have a duty to protect people even from obvious dangers, but this defense can sometimes reduce how much they are held responsible. Their duty to protect someone is lower if that person was a trespasser in an area of the store where customers are not allowed.
What Are the Steps To Take When Suing a Retail Store for Injuries in California?
What you do right after an accident can be very important for your health and for any future legal claim. Here are the steps you should take when thinking about suing a retail store:
- Get Medical Attention Immediately: Your health is the most important thing. Call 911 or go to the emergency room. A doctor’s report also creates an official record of your injuries.
- Report the Accident to the Store: Tell the store manager what happened. Make sure they create an official incident report and ask for a copy.
- Document Everything: If you are able, use your phone to take pictures of the exact spot where you fell, the spill or hazard that caused it, and your injuries. If anyone saw what happened, ask for their name and phone number.
- Preserve Evidence: Keep the shoes and clothing you were wearing in a safe place. Do not wash them. They could be important evidence later.
- Be Aware of the Time Limit: In California, you generally only have two years from the date of your injury to file a lawsuit. It is important to act quickly.
- Speak with a Lawyer: It is a good idea to get a legal consultation in California as soon as possible. Many California lawyers can help you understand your rights. A good California personal injury lawyer will know how to handle these cases and protect you from the insurance company’s tactics.
Can I Sue a Store for Discrimination?
Yes, but this is a different kind of lawsuit. It is not a personal injury case. Stores are considered public accommodations, and they are not allowed to discriminate against customers. Under California’s Unruh Civil Rights Act, a store cannot treat you unfairly or refuse to serve you because of your race, religion, gender, disability, sexual orientation, or other protected characteristic. If you believe you have been a victim of discrimination at a retail store, you can file a civil rights lawsuit.
Should I Contact a California Attorney About Suing a Retail Store?
Yes, it is highly recommended that you contact an attorney if you have been injured in a retail store. These can be difficult cases to win on your own. Retail stores are often large corporations with powerful insurance companies and teams of lawyers. Their main goal is to protect the company and pay out as little money as possible.
Think of it this way: going up against an insurance company by yourself is like playing a game where they know all the rules and you don’t. An experienced attorney knows the rules and is on your side.
An attorney can help you by:
- Investigating your accident and gathering evidence.
- Handling all communications with the store and its insurance company.
- Making sure all court paperwork is filed correctly and on time.
- Fighting to get you the full and fair amount of money you deserve for your recovery.
You do not have to face this alone. An attorney can handle the legal process so you can focus on what is most important: getting better. If you have been hurt and are thinking about taking legal action, LegalMatch can help you find an experienced California personal injury lawyer.
