Is a Store Liable for Customer Injury?

Yes, a store is liable for a customer’s injuries when a dangerous condition on store property caused the injuries. However, just suffering an injury in a store alone is not enough to hold the store liable. You must prove that the store owner or staff knew or should have known about the hazard leading to your accident and failed to remove it or warn customers about the danger.

If a store’s negligence has caused you or a loved one to suffer an injury, our experienced store injury attorneys can pursue compensation for you.

Quicklinks

Dangerous Conditions in a Store
Examples of Store Negligence Leading to Injuries
Compensation You Can Receive for Store-Related Injuries
Preparing to File a Premises Liability Claim
Why Trust Cutter Law Attorneys to Handle Your Case?
Schedule Your Free, No-Obligation Consultation Today

Dangerous Conditions in a Store

A dangerous condition in a store is a hazard that poses an unreasonable risk of harm to customers who are using the premises as expected. The store is liable if the owner or staff knew or should have known about the hazard but failed to remove the danger or warn customers about it.

Slips and falls are among the most common accidents at stores. Dangerous conditions that lead to slips and falls include the following:

Water puddles
Wet floors
Cluttered aisles
Poor lighting
Uneven carpeting or matting
Broken, loose, or warped floor tiles
Poorly maintained entrances and exits
Cords lying across walkways
Poorly maintained stairs or steps
Damaged parking lot asphalt
Broken parking stops in parking lots

You can also sue a store if you get hurt in other types of accidents stemming from store negligence. These include falling merchandise, elevator failures, collapsing ceilings, forklift accidents, and car accidents in parking lots.

Examples of Store Negligence Leading to Injuries

The stories below are hypothetical examples of accidents caused by store negligence. In each example, the accident victim has grounds to pursue a claim against the store owner.

Slip and Fall Accident Caused by Spilled Water

A customer spills water on the floor in one of the shopping aisles in a supermarket, leaving a large puddle behind. Some customers notice the spill and manage to walk around it without falling. Joe enters the aisle a couple of hours after the spill occurred. He carefully scans the aisle for his favorite brand of spaghetti sauce. He spots it and stays focused on it as he heads toward it. He fails to notice the water puddle in his path. He falls and shatters his wrist.

The store is liable because management has a legal duty to maintain the premises in a reasonably safe condition. It is not a defense to say that store staff did not know about the spilled water because management must perform regular inspections. The water had been there for a couple of hours, and several customers had already dodged it. They might have had a defense if the spill had happened moments before Joe fell.

Falling Merchandise

Megan is shopping for dog food at a pet retail supplier. She reaches for the nearest case of her dog’s favorite brand of canned dog food. As Megan pulls it and attempts to place it in her shopping cart, a domino effect ensues, and two additional cases of canned dog food fall, hitting her in the head. She suffers a traumatic brain injury. The store is liable due to its employees improperly stacking the dog food cases, leading to a dangerous condition.

Parking Lot Injuries

Shirley exits her car in a grocery store parking lot and heads toward the store. On the way, she steps in a large pothole, sprains her ankle, falls, and breaks her hip. The store is liable because it failed to repair the pothole. Even if repairs were scheduled, the store had a duty to block the area or post a warning to prevent injuries.

Learn more: Can You Sue for Falling in a Parking Lot?

Forklift Accident

Sean is shopping for lumber at a major home improvement retailer. Another customer requires forklift assistance to obtain a load of plywood from the top shelf. While Sean is comparing prices on 2X4s, the forklift hits him from behind, causing severe injuries to his ribs and numerous vertebrae that require surgery. The store is liable for its employee’s negligence.

The store may argue that Sean should have been watching for the forklift, but he acted as a reasonable customer would and had a right to assume the store would follow safety procedures.

Compensation You Can Receive for Store-Related Injuries

If the store is liable for your injuries, our experienced California personal injury lawyers can help you pursue economic and non-economic damages, such as the following:

Medical expenses
Lost wages
Loss of earning capacity
The cost of domestic services
Pain and suffering
Humiliation
Inconvenience
Emotional distress
Loss of enjoyment of life
Loss of society

The amount you recover will vary based on the unique factors of your case, such as the severity of your injuries, the length of your recovery, and the long-term effects of your injuries.

Preparing to File a Premises Liability Claim

Typically, you initially file an insurance claim with the store’s insurer. A personal injury lawsuit may be necessary if the insurance company refuses to accept responsibility or lowballs you. When the accident happened, the store should have completed an incident report. Obtain a copy of this report. You will also need to gather the following:

Copies of your medical records
Your medical bills
Photos of your injuries
Photos of the scene
Security camera footage
The names and contact information of eyewitnesses

How Cutter Law Can Help

To pursue a personal injury claim, you don’t have to know how to sue a store for injury or gather evidence. Our award-winning attorneys are well-versed in California premises liability laws. We will gather evidence for you so you can rest and recover. Once we accept your case, we will do all the work, including the following:

Take photos of the scene
Interview bystanders and store staff
Review video footage and obtain a copy
File your insurance claim
File a lawsuit if the insurance fails to cover all of your damages
Negotiate a settlement and refuse to accept less than your full damages
Take your case to trial if necessary

Your only job is to follow through with your medical treatment, which is foundational to your personal injury case. By completing treatment, you establish a medical record we can use to prove your injuries’ financial and non-economic costs.

On the other hand, if you do not complete your treatment or follow all of the recommendations, the store and the insurance company could use it as evidence that your injuries are not serious.

Why Trust Cutter Law Attorneys to Handle Your Case?

Our family-owned law firm has nationally recognized premises liability lawyers with over 130 years of combined experience. Our founder, Brooks Cutter, is the proud father of two of our attorneys, Margot and Celine Cutter.

Our family-like environment creates an atmosphere that fosters easy collaboration between attorneys on every case and extends to our clients. You will feel like part of our family, and all of our attorneys will know you and your case. By working together, we give you the benefit of the combined talents, skills, and experience of every attorney in our firm. We will stay in close touch with you from beginning to end and always welcome your calls.

With Cutter Law on your side, you will enjoy the personal attention of committed, passionate attorneys who genuinely care about you and your outcome, yet you can still expect the same big results the large firms promise. We have recovered hundreds of millions of dollars on behalf of our clients, including numerous significant settlements and verdicts, such as the following:

$10.03 million slip and fall settlement
$350,000 slip and fall settlement
$1.895 million verdict for a cyclist injured by a pothole

We have filed lawsuits against the following stores:

Home Depot
Walmart
Ann Taylor

Schedule Your Free, No-Obligation Consultation Today

If you have been injured in a store, you may be entitled to recover significant compensation. Our award-winning premises liability attorneys are ready to fight for the maximum award available. We work on a contingency fee basis, which means we charge no upfront fees, and you only pay if we win. Contact us today to schedule your free consultation.

Testimonials

This is a family owned business and extremely friendly. The whole crew is very profession and reputable. They are highly knowledgeable in their trade and bring a top level of expertise to any inquiry. I would highly recommend this Law firm. These are wonderful people and they will help you get the justice you deserve.

The staff are professional, responsive, and passionate about their clients. Highly recommend this law firm.

There's this thing about lawyers ... they often forget the first word in their title, Counselor at Law. Well, Margo Cutter practices the full spectrum of her profession. Though she has not represented me in litigation, I have benefited from her kind support and sound counsel regarding a traumatic injury I sustained due the negligence of others and the subsequent unbearable pursuit for justice. Thank you, Margo.

Their people were professional, thorough, and expressed true consideration in their deliverance. I highly recommend them to anyone.

CL took on my personal injury injury case without me needing to put in a retainer fee all while making sure I was prepared and on time for my court dates. You can always try submitting a case evaluation to see if they are the right attorneys for you before committing.