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Filing a premises liability lawsuit against a store

Most of us have been in a situation where we have seen a lose shelf or wet floor at a store. Unfortunately, these dangerous conditions often lead to serious accidents and even more serious injuries. Stores have a responsibility to customers that shop there to make a reasonable effort to maintain the safe condition of their property. If a store fails to conduct regular inspections, fails to fix or eliminate dangerous conditions, or fails to warn of potential hazards, it could be liable for personal injury accidents that occur as a result.

Shoppers who are injured by a dangerous store condition may be able to file a premises liability lawsuit against the store owners, landlords and other parties responsible for the maintenance of the property. In order to file a successful suit, the shopper must prove that they were an invitee of the store, meaning that they essentially had permission to be on the premises. Then, they must prove that reasonable care was not used to maintain the premises in a safe condition. In many cases, the shopper will show that the owner knew or should have known about the dangerous condition but failed to make a reasonable effort to remedy it. Lastly, the shopper will have to prove that they were injured because of the accident and that the dangerous condition caused their injuries.

If you file a lawsuit against a store for your injuries, you should also be aware of what the store may say in response to your claim. In some cases, the store may allege that you failed to watch where you were going or were otherwise negligent yourself, and that your own negligence was what caused your injuries. However, in California, if you can prove that the store was at all negligent, you will still recover at least some damages. For example, if the court finds that you were 30 percent negligent for not paying attention while walking, your $100,000 in damages will be reduced to $70,000.

Shoppers never expect that their weekly trip to the grocery store will turn into a traumatic experience, but it happens to many people every day. If you have been injured at a store due to the owner's negligence, filing a premises liability may be the best option for you and your family.

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