Premises Liability in Retail and Commercial Properties

If you have been injured while visiting a commercial or retail property, you are likely entitled to compensation for your medical bills, time off work, and more. Call Countrywide Trial Lawyers today to learn how we can help.

In California, property owners and businesses have a legal responsibility to ensure that their retail and commercial properties are safe for customers and visitors. When these duties are neglected and unsafe conditions lead to accidents, those injured may have the right to seek compensation for their losses.

Whether it’s a slip and fall in a grocery store, a tripping hazard in a shopping mall, or an injury caused by poor maintenance at a commercial facility, premises liability law holds property owners accountable for maintaining a safe environment.

At Countrywide Trial Lawyers, we are dedicated to helping victims of accidents in retail and commercial properties secure the justice they deserve. If you or a loved one has been injured due to a hazardous condition on someone else's property, we are here to guide you through the legal process and fight for your rights.

Let our experienced team of attorneys assist you in seeking fair compensation for medical expenses, lost wages, pain and suffering, and more.

Unique Hazards in Stores and Shopping Centers

Shopping at stores and shopping centers is a common activity, but like any public space, these locations can pose certain hazards to unsuspecting customers. Property owners and businesses are legally responsible for ensuring that their facilities are safe for everyone who enters.

Unfortunately, when they fail to address dangerous conditions, accidents can occur, leading to injuries. In California, premises liability law holds these property owners accountable, ensuring that victims have the opportunity to seek compensation for their injuries. Understanding the unique hazards present in stores and shopping centers can help both shoppers and legal professionals identify potential causes for accidents and injuries.

One of the most common hazards in stores and shopping centers is slippery floors. Spills from food, beverages, or cleaning products are frequent in retail environments. While cleaning up these spills is the responsibility of the store or shopping center management, they are often left unattended for too long, leading to slip-and-fall accidents.

In grocery stores, for instance, produce items like fruits and vegetables can cause slippery conditions on the floor, especially if they are not cleaned promptly. Wet floors in restrooms or near entrances can also create serious risks, especially when warning signs are not properly displayed.

Another prevalent hazard is tripping hazards. These can occur in stores and shopping centers for various reasons, such as uneven flooring, raised carpet edges, or unsecured mats. In retail stores with aisles packed with merchandise, objects that are improperly stacked or left in walkways can pose a significant danger to customers.

For example, items may fall from shelves or be left in walkways by employees restocking products. These kinds of hazards often result in serious injuries, especially if a person falls onto a hard surface or collides with a nearby object.

Poor lighting is another potential hazard in retail and commercial environments. A well-lit space is crucial for customers to navigate aisles and walkways safely. Insufficient lighting in parking lots, hallways, stairwells, or entryways can lead to accidents, particularly during evening hours or when a store is dimly lit.

Poor lighting increases the likelihood of tripping over obstacles, missing steps on stairs, or not noticing hazards like wet floors. Shopping centers, especially large ones, are often complex, and inadequate lighting can cause confusion, particularly in parking lots or unfamiliar parts of the mall.

Parking lot accidents are common hazards that many shoppers overlook. Parking lots are often crowded with vehicles, and pedestrians are required to navigate through these spaces to enter stores or shopping centers. The risk of car accidents is heightened by poorly marked crosswalks, damaged pavement, or reckless drivers.

In addition, pedestrians in parking lots are at risk of slipping and falling due to poor maintenance or unaddressed hazards such as puddles, ice, or uneven pavement.

Elevator and escalator accidents also pose a unique risk in stores and shopping centers. Improperly functioning or poorly maintained elevators and escalators can cause serious injuries, especially when doors do not close properly, escalator steps malfunction, or the equipment unexpectedly stops.

In some cases, passengers can get caught between escalator steps or suffer from sudden stops that throw them off balance. When escalators or elevators are not maintained, the risks of injury increase.

Unsafe conditions in food courts or restaurants within shopping centers are also significant hazards. Food courts and restaurants can pose additional dangers, including hot surfaces, sharp objects, or poorly maintained equipment.

Spilled food or drinks in dining areas may cause customers to slip, while improperly handled cooking equipment can lead to burns, cuts, or other injuries. Restaurants in shopping centers often have large volumes of people, which can increase the likelihood of accidents.

Finally, a lack of adequate security can create a unique hazard in shopping centers, particularly in areas where there is a high volume of foot traffic. Criminal activity, such as theft, assault, or other violent crimes, can occur in these spaces if security measures are insufficient. Poorly lit areas, lack of surveillance, or untrained personnel can contribute to higher risks of personal injury or loss in these environments.

To address these hazards, businesses and property owners must take action to ensure that they meet safety standards and comply with California’s premises liability laws. This includes regularly inspecting the premises, fixing hazards promptly, providing adequate lighting, clearly marking walking paths, and implementing adequate security measures.

When an injury occurs due to one of these hazards, the victim may have grounds for a premises liability claim. For these types of cases, it is essential to gather evidence, such as witness statements, photographs, and maintenance records, to support the claim. Victims should also consult with a California premises liability lawyer to determine their legal options and pursue compensation for their injuries.

If you’ve been injured due to unsafe conditions in a store or shopping center, it's vital to speak with an experienced lawyer. A skilled attorney can help investigate the circumstances surrounding the accident, hold property owners accountable, and fight for the compensation you deserve. Don't hesitate to reach out to our team at Countrywide Trial Lawyers to ensure your rights are protected and that you receive the justice you deserve.

How Business Owners Are Held Liable for Unsafe Conditions

Business owners have a legal obligation to maintain safe environments for customers, employees, and others who may visit their premises. In California, as in many states, business owners are held accountable for unsafe conditions on their property under premises liability laws.

These laws are designed to protect individuals from harm caused by hazardous conditions that should have been addressed by the property owner. When a business fails to maintain a safe environment and a visitor is injured, the business owner may be held liable for the injury.

Legal Duty to Maintain a Safe Environment

Under California law, business owners owe a duty of care to anyone who enters their property, whether it’s a customer, a delivery person, or an employee. This duty requires the business owner to regularly inspect the premises for potential hazards and to take reasonable steps to remedy any dangers.

For example, if there is a spill in a grocery store aisle or a broken stairway at a shopping mall, the business owner must either clean up the spill or put up a warning sign, and repair the stairs, respectively, within a reasonable amount of time.

The level of duty owed depends on the status of the person on the premises. For customers or patrons, who are typically considered “invitees,” business owners owe the highest duty of care.

This means that business owners must actively ensure the property is safe and free from hazards, rather than merely responding to accidents after they occur. This proactive responsibility includes inspecting the premises, fixing any known hazards, and warning customers of potential dangers that they might not see themselves.

Common Unsafe Conditions

There are many different types of unsafe conditions that can result in an injury on a business’s property, and business owners can be held liable if they fail to take reasonable precautions. Some of the most common unsafe conditions that lead to premises liability claims include:

• Slippery floors: Wet floors from spills, cleaning products, or weather conditions (like rain or snow) are common causes of slip-and-fall accidents in stores, shopping malls, and other public spaces. Business owners must take steps to clean up spills promptly and warn customers of any wet areas, especially in high-traffic zones.
• Tripping hazards: Uneven floors, loose carpets, exposed wires, and cluttered aisles can all cause people to trip and fall. A business owner must ensure that walkways are free from obstacles and that flooring is maintained to prevent accidents.
• Poor lighting: Inadequate lighting, especially in areas such as stairwells, parking lots, and hallways, can make it difficult for individuals to safely navigate an area. Business owners are responsible for ensuring proper lighting to reduce the risk of falls or collisions.
• Faulty equipment: Elevators, escalators, and other machinery used in businesses must be properly maintained to prevent accidents. Malfunctioning equipment can cause serious injuries, and business owners are liable if they fail to repair or maintain such equipment in a timely manner.
• Building defects: Structural issues like cracked sidewalks, broken handrails, or unstable balconies can be hazardous to customers. A business owner must identify and fix these defects or risk being held accountable for injuries resulting from these issues.
• Inadequate security: Insufficient lighting in parking lots or a lack of security personnel can lead to crimes such as assault or theft. Business owners must take reasonable measures to ensure the safety of their customers from foreseeable criminal activities on their property.

Proving Liability in a Premises Liability Case

In order to hold a business owner liable for an unsafe condition, the injured party (the plaintiff) must prove that the business owner was negligent in maintaining the premises. There are several key elements that must be established to prove negligence in a premises liability case:

• Duty of Care: As mentioned, the business owner has a legal obligation to maintain the safety of their premises. This duty extends to customers, employees, and other visitors.
• Breach of Duty: The business owner is deemed to have breached their duty of care if they failed to take reasonable steps to maintain a safe environment. This could include ignoring hazardous conditions, failing to address known risks, or neglecting to inspect the premises regularly.
• Causation: The injured party must prove that the unsafe condition caused their injury. This may involve presenting evidence that shows how the hazard directly led to the accident.
• Damages: Finally, the injured party must show that they suffered actual damages as a result of the accident, such as medical expenses, lost wages, or pain and suffering.

Negligence Per Se and Business Owners

In some cases, business owners may be held liable for injuries even if they didn’t directly cause the unsafe condition. California law recognizes “negligence per se,” which occurs when a business owner violates a statute or regulation designed to protect public safety.

For example, if a business fails to comply with fire safety regulations or building codes, and this violation leads to an injury, the injured party may not have to prove that the business owner was negligent; the violation itself may be considered proof of negligence.

Defenses Used by Business Owners

Business owners often try to defend themselves by arguing that they were not responsible for the unsafe condition or that the condition was caused by the actions of the injured party. For example, they may argue that the injury was caused by the plaintiff’s own carelessness or that the dangerous condition was not present long enough for the business to address it. However, these defenses are not always successful, and a skilled premises liability lawyer can effectively challenge them in court.

Business owners in California are legally responsible for maintaining safe premises for those who visit their property. When a business fails to address hazardous conditions, resulting in an injury, the injured party may be entitled to compensation for their medical bills, lost wages, and other damages.

Victims of accidents on business property need to seek legal representation to help navigate the complexities of premises liability law and ensure they are fairly compensated for their injuries. If you’ve been injured on someone’s property, contact a skilled premises liability lawyer who can help protect your rights and pursue the compensation you deserve.

The Role of Security Cameras and Witnesses in Proving Fault

Security cameras and witness testimonies play crucial roles in proving fault in premises liability cases, including slip and fall accidents or injuries resulting from unsafe conditions. Both forms of evidence can help establish liability and strengthen a case, providing objective and unbiased support to the injured party's claims.

Security Cameras

Security camera footage is one of the most valuable forms of evidence in proving fault. Many businesses and public properties have surveillance cameras installed, particularly in high-traffic areas like entrances, parking lots, aisles, and stairwells. These cameras can capture crucial moments leading up to an accident, including the hazardous condition that caused the injury.

For example, if a customer slips on a wet floor in a grocery store, security footage may show the spill before it was cleaned or reveal whether the store took reasonable precautions to prevent accidents. Security footage can also help verify the sequence of events and demonstrate how the incident occurred. The visual evidence can corroborate a plaintiff’s version of events, lending credibility to their claim.

Witnesses

Witnesses, whether employees, customers, or passersby, can provide critical testimony in premises liability cases. Eyewitness accounts can help clarify the circumstances surrounding the accident, including what happened before, during, and after the incident. Witnesses can testify about the presence of any hazards, such as water on the floor or a poorly maintained walkway, and whether the property owner or their employees failed to address the issue.

Furthermore, if the property owner or their staff were aware of the hazard but did nothing to fix it, witnesses can provide important insights into the property owner's negligence or lack of action.

Together, security camera footage and witness testimonies can be powerful tools for proving fault in a premises liability case, providing concrete evidence of unsafe conditions or negligence on the property.

Countrywide Trial Lawyers: Here for You

If you or a loved one has been injured due to unsafe conditions on someone else’s property, you may be entitled to compensation. At Countrywide Trial Lawyers, we have the experience and resources to investigate your case thoroughly, gather crucial evidence, and fight for your rights.

Our dedicated California premises liability lawyers are here to support you every step of the way as we pursue the compensation you deserve for medical bills, lost wages, pain and suffering, and more.

Contact us today for a free consultation. Call (213) 772-6547 to discuss your premises liability case with an experienced attorney who will advocate on your behalf.