When visiting a store, shopping mall, or business, most people expect to be safe as they walk through aisles or cross parking lots. Unfortunately, accidents happen every day in these spaces. A parking lot injury, slip and fall inside a store, or an accident involving poor lighting or security can leave victims with serious injuries and unexpected medical bills.
This raises an important legal question: when are businesses responsible for injuries in their stores or parking lots? The answer lies in an area of law known as premises liability. In short, property owners and businesses have a duty to keep their premises reasonably safe for customers and visitors. If they fail to do so, they may be held legally responsible.
We explain how premises liability applies to stores and parking lots, common types of accidents, general laws that apply to businesses, and how a premises liability lawyer can help you pursue compensation if you’ve been injured in the following article.
What Is Premises Liability?
Premises liability is a legal concept that holds property owners and occupiers responsible when unsafe conditions on their property cause harm. Businesses that invite the public onto their premises, such as retail stores, restaurants, and malls, owe customers a duty of care. This duty includes maintaining safe conditions, repairing hazards, and warning customers of dangers that cannot be immediately fixed.
When a business fails to meet this responsibility and someone is injured, the injured person may be able to bring a claim with the help of a premises liability attorney.
Common Causes of Store and Parking Lot Injuries
Accidents in stores and parking lots can happen in many ways. Some of the most common causes include:
- Slip and Falls: Spilled liquids, freshly mopped floors without warning signs, or icy parking lots can cause customers to slip and fall.
- Trip Hazards: Uneven pavement, potholes, loose mats, or cluttered aisles create dangerous conditions.
- Inadequate Lighting: Poorly lit stairways, entrances, or parking areas increase the risk of accidents and crime.
- Falling Merchandise: Items stacked on high shelves may fall and injure unsuspecting shoppers.
- Negligent Security: A lack of cameras, locks, or security patrols may expose customers to assaults or theft in parking lots.
- Parking Lot Accidents: Dangerous traffic patterns, poor signage, or lack of crosswalks can cause pedestrian accidents.
Each of these situations may give rise to a premises liability claim if the business knew—or should have known—about the danger and failed to address it.
Legal Duty of Businesses
Businesses have a duty to maintain their property in a condition that is reasonably safe for lawful visitors. Generally, businesses are expected to:
- Make regular inspections of their property.
- Repair hazards within a reasonable timeframe.
- Warn customers about dangers, such as wet floors or icy walkways, if immediate repair is not possible.
This duty often extends to parking lots and outdoor areas as well. If a business fails to clear hazards, repair unsafe areas, or provide adequate lighting and security, they may be held responsible for resulting injuries.
Proving Liability in a Store or Parking Lot Injury Case
To succeed in a premises liability claim, an injured person must prove:
- Duty of Care: The business had a duty to keep the property safe.
- Breach of Duty: The business failed to maintain, repair, or warn about hazards.
- Causation: The unsafe condition caused the injury.
- Damages: The victim suffered measurable harm, such as medical expenses or lost wages.
An experienced premises liability lawyer can gather evidence such as security camera footage, maintenance logs, and witness statements to build a strong case.
Comparative Negligence
Many states follow a comparative negligence rule. This means that if an injured person is found partly responsible for their accident, their compensation may be reduced by their percentage of fault. For example, if someone trips in a parking lot while distracted by their phone, they could be assigned partial responsibility. However, as long as they are below the threshold set by state law, they may still recover compensation.
Compensation Available in Premises Liability Cases
Victims of store and parking lot accidents may be entitled to compensation for:
- Medical expenses and ongoing treatment
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Out-of-pocket expenses, such as transportation to medical appointments
The amount of compensation depends on the severity of the injury and its impact on the victim’s life.
Steps to Take After a Store or Parking Lot Injury
If you’ve been injured in a store or parking lot, here are some steps to protect your rights:
- Seek Medical Help: Get immediate treatment for your injuries.
- Report the Incident: Notify store management or property owners and request a written report.
- Document the Scene: Take photos of the hazard, your injuries, and the area where the accident occurred.
- Collect Witness Information: Obtain names and contact details of anyone who saw the accident.
- Consult a Premises Liability Attorney: A lawyer can advise you on your legal rights and handle communication with the insurance company.
How a Premises Liability Lawyer Can Help
Dealing with a business or insurance company on your own can be overwhelming. A premises liability attorney will:
- Investigate the cause of your accident
- Collect evidence to prove negligence
- Work with medical experts to document your injuries
- Negotiate with insurers for fair compensation
- Represent you in court if necessary
Having an experienced lawyer ensures your case is handled thoroughly and strategically.
Call Brandon J. Broderick For Legal Help
If you’ve suffered a parking lot injury or were hurt in a store due to unsafe conditions, you may be entitled to compensation under premises liability law. At Brandon J. Broderick, Attorney at Law, we are committed to protecting the rights of injury victims and holding negligent businesses accountable.
Contact us today for a free consultation and let us help you move forward with confidence.