From slip and fall injuries to assault, injuries in retail stores happen. While some injuries occur as a result of bad luck or accident, others are a direct result of negligence. Here’s a look at determining negligence in a retail store injury, and who may be held liable as such.
When the Retail Store is Liable
In the majority of cases, the party who is liable for a plaintiff’s injuries in a retail store injury claim is the retail store itself. It falls to the owners of the business because a retail store has a duty to maintain a property that is relatively free from harm, stipulated by premises liability laws.
Premises liability law encompasses the following.
- Maintaining safe walking areas: innocent people get hit by falling objects outside of construction sites often
- Maintaining appropriate and adequate security
- Repairing or correcting any known hazards
- Keeping parking lots and walkways free from ice and snow
- Removing obstructions that could lead to slip and fall
The above is just a look at some of the most common retail store responsibilities that lead to accidents and injuries. When a retail store neglects its duty to maintain a safe property, it is liable for any injuries that result.
Is an employee ever liable?
In some cases, an employee may be held responsible for injuries in a retail store. However, in the majority of instances, the retail store company will be liable under the theory of vicarious liability, even if the accident was the employee’s fault. The exception to this is when the injuries occur because of a negligent action of the employee outside the employee’s course of employment. For example, if the employee was off the clock and assaulted a customer, then the employ may be held independently liable.
Are there any other parties that I can sue?
There are other people or entities that may have contributed to your store accident.
- The manufacturer of a dangerous part
- A repair or maintenance company
- Another third-party individual
When this is the case, a suit may be filed against this party either independently, or in conjunction with a suit against the retail company depending upon circumstance.
Take Legal Action Now!
If you’re ready to file a claim against a retail store in Pennsylvania, you have two years to take civil action.
Call an attorney to help you with the following.
- Navigate the legal system
- Understand the damages for which you can file suit
- Identify who may be held liable