Retail Store Liability

When a business fails to maintain its property safely, shoppers can sustain serious injuries. The premises liability attorneys at the Law Offices of Robert Dixon provide sound legal advice and representation for individuals near Miami who have been hurt on someone else’s property, including pursuing claims against irresponsible retailers. We serve clients in Broward, Miami-Dade, and Palm Beach Counties, offering experienced and compassionate guidance throughout all phases of your legal journey.

Florida is a state full of malls, outdoor shopping centers, and other areas where retailers operate. When shoppers enter these establishments, they never expect they are dangerous places. But sometimes, stores fail to keep their premises safe from hazardous conditions. There are numerous circumstances that can give rise to injury, such as:

• Spills left on the floor;
• Falling or misplaced merchandise;
• Inadequate security; or
• Broken steps or uneven sidewalks.

Storeowners and occupiers have a duty to keep their premises safe. When a shopper is harmed due to a property owner’s failure to fix or warn of known dangers, he or she may hold the responsible party liable for any injuries that result.

Owners of property owe differing levels of care to visitors, depending on the reason why they are there. Invitees, or those invited onto a property for a business purpose, such as shoppers, are owed the highest degree of care. Licensees, or those entering premises for a social purpose, are owed a slightly lesser level of care. And trespassers, who are people entering property without permission, are generally owed no duty of care, except in some situations involving children.

Retail stores are required to maintain their premises in a reasonably safe manner and warn visitors of any potential dangers or defects. To prevail on a premises liability claim, the victim must show that the storeowner knew or should have known of the dangerous condition and failed to take adequate measures to fix it. A causal link also must be drawn from that careless conduct to the accident, and actual damages arising from the injuries must be identified. The dangerous condition also must have been present long enough for the store owner to be aware of it. For example, a spilled substance sitting on the floor for several hours may give rise to liability, but a retailer probably would not be held accountable if it had been there for less than a minute.

A store’s duty of care also extends to protecting customers from reasonably foreseeable third-party injuries, such as criminal activity. Convenience stores operating throughout the night are required to provide security measures to protect their employees as well as customers. As long as certain actions are taken, such as cameras or proper lighting, Florida laws are somewhat lenient to these entities if a crime happens to take place on their property.

If you’ve been injured at a retail store, you may pursue compensation for your injuries. Damages available in a premises liability lawsuit can potentially include past and future medical costs, loss of income, and pain and suffering. These claims must be filed within four years of the date of injury, so it is important to consult an attorney as soon as possible to discuss your legal options.

Stores should be held accountable for dangerous conditions on their property. If you’ve been injured on someone else’s premises in the Miami area, the slip and fall attorneys at the Law Offices of Robert Dixon can assist you with any claims you may have. The team are dedicated to making sure their clients have the strongest possible chance to receive the compensation they deserve for their harm. Please call 877.499.4878 or contact us online for a free, no-obligation consultation.