When to Sue a Retail Store
Authored by Taelonnda Sewell, LegalMatch Legal WriterLocate a Local Personal Injury Lawyer
When to Sue a Retail Store
To determine when to sue a retail store depends on facts of a situation. One common fact scenario that would lead to a person suing a retail store is if they purchased a defective product from the store. Defective products are products that cause harm to a consumer through the use of the product as a result of a defect being present in the design or the manufacturing of the product. A retail store can be sued for simply selling the product to the consumer, even though it did not manufacture or design the product.
Can I Sue a Retail Store for Injuries I Suffered While at the Store?
Yes, a retail store can be sued for injuries sustained at the store, such as injuries sustained as a result of a slip and fall accident that occurred inside the store. The store has a duty to keep the premises safe. An individual who was injured on the store's premises can file a personal injury claim based on negligence.
To be successful, the plaintiff must prove:
- The store had a duty to the plaintiff
- The store breached the duty
- The store caused the plaintiff’s injuries
- The plaintiff’s injures can be compensated for by a monetary amount, which is known as damages
You may also be able to sue a retail store if you were injured or otherwise harmed by their store security.
Can I Sue a Retail Store for Job Discrimination?
Retail stores are prohibited from discriminating against its employees based on race, gender, religious affiliation and disability. Some examples of workplace discrimination include:
- Harassment
- Being passed over for benefits
- Retaliation
- Refusal to provide medical or health benefits that an employer is legally required to provide
An individual can sue an employment lawsuit or a claim with the EEOC. To prove employment discrimination, an employee must show the employer intended to treat him differently because of his race, gender, or disability.
Should I Contact an Attorney about When to Sue a Retail Store?
Whether you should or should not sue a retail store depends on the facts involved in your situation. To understand more about your rights and how to protect them, contact a personal injury attorney. The attorney will assess your situation and determine the best legal action to take.
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Last Modified: 12-28-2015 10:32 AM PST
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