Is a Store Liable for a Customer Injury?

is a store liable for a customer injury

We see it far too often – someone limps into our Miami law office after getting hurt at a local store. They’re stressed, in pain, and have no idea what to do next.

As experienced personal injury attorneys, we’re here to guide you through this difficult process if you’ve been injured on a store’s premises. Stores owe us all a duty of care under Florida law to maintain safe conditions in their buildings, parking lots, and sidewalks. But when they breach that duty through negligence, their carelessness can cause serious accidents and injuries.

Let’s talk about the main ways stores are legally liable for customer harm so you can better understand your rights.

When a Store’s Negligence May Make Them Liable for a Customer Injury

We will investigate how your injury occurred to pinpoint if the store is at fault. The key is proving they knew about the hazard, or reasonably should have known, yet didn’t fix it. That violates their duty of care under Florida premises liability law.

Businesses are obligated to keep their property reasonably safe. Any dangerous condition that causes injury can make them legally and financially responsible.

Common Store Injuries that Lead to Legal Action in Miami

  • Failing to promptly clean up spills that lead to dangerous slip and fall accidents
  • Allowing aisles to become cluttered with merchandise or boxes that obstruct walkways and cause trips/falls
  • Malfunctioning automatic doors that can close on, strike, or injure customers
  • Broken escalators and elevators that pose riding hazards
  • Uneven floor surfaces, torn or loose carpeting, or broken tiles that can cause slips, trips, and falls
  • Floors that have been overly waxed, causing customers to slip
  • Shelves or displays that are unstable and could collapse
  • Failure to remove snow and ice from parking lots/sidewalks, leading to slippery conditions
  • Shopping carts with broken wheels or parts that can cause sudden falls
  • Inadequate security and criminal attacks leading to customer injury
  • Food poisoning due to unsafe food handling or unsanitary conditions

What to Do if Injured in a Miami Store

If you’ve suffered an injury in a store in Miami, it’s important to take action right away to protect your rights. Here are some steps to take:

  • Seek medical attention immediately, even for minor injuries that may worsen over time. Get documentation from the doctor of your injuries.
  • Take photos and video of the hazardous condition that caused your accident as evidence. Get the names and contact information of any witnesses.
  • Report the incident to the store manager and request they preserve any video footage that captured the accident.
  • Keep records of all accident-related expenses like medical bills, prescriptions, and lost wages.
  • Call an experienced Miami personal injury attorney for a free consultation to discuss your legal options. An attorney can handle the claim process.
  • Do not speak to the insurance companies before consulting an attorney, as they may try to get you to make damaging statements.
  • Collect and organize all evidence related to your case with the help of your lawyer. This includes medical records, bills, photos, videos, and witness statements.
  • Follow your doctor’s course of treatment and attend all therapy appointments to heal from your injuries properly.

Maximize Your Recovery With an Experienced Miami Personal Injury Lawyer

Don’t face the insurance companies alone. As your attorneys, we’ll fully investigate exactly how you were injured to prove the store’s negligent or reckless conduct directly caused your harm. Then, we’ll fight to recover full and fair compensation for all your damages – from medical expenses, lost income, pain and suffering, and more.

With personalized attention and a proven track record of results, we’ll help you obtain the maximum settlement possible. If the insurance companies won’t pay what’s fair, we’re fully prepared to take your case to trial. We have the resources and determination to face down any opponent and will not stop fighting until you receive the justice you deserve.

Frequently Asked Questions

Do I need an attorney to make an injury claim against a store?

You don’t always need an attorney, but having an experienced slip and fall lawyer greatly improves your chances of success and maximizing compensation. Qualified attorneys know how to build a strong case against negligent stores.

What are the time limits for filing a lawsuit after a store injury?

There are strict time limits, usually 2 years from the date of injury, to file a lawsuit against a store. An attorney will ensure all legal deadlines are met.

If I just got hurt in their store, is the store automatically liable?

No, stores are not automatically liable just because an accident occurred on their premises. The injured person must prove the store’s negligence or wrongdoing caused the specific injury under Florida premises liability law.

How does Florida’s contributory negligence law impact my store injury case?

Contributory negligence laws in Florida mean if the injured person is found to be over 50% at fault themselves, they will recover nothing. An attorney knows how to build a strong liability case to demonstrate that the majority of fault is held by the store and not the person who suffered an injury, protecting your right to recover damages.

Don’t Go It Alone – Contact Us Now for Your Case Review

At Abogadas305, we understand how overwhelming and confusing it can feel to be injured in a store. Our bilingual legal team has over 11 years of combined experience helping Spanish-speaking clients across Florida successfully navigate the complex personal injury claims process. As a minority and woman-owned firm, we bring a unique perspective and compassion for your situation.

Let us level the playing field and fight to get you the maximum compensation you deserve after being hurt. Call today for a case review – you have nothing to lose. With our proven record of results, no opponent is too big. Justice and recovery await you. Take the first step and contact Abogadas305 now. Your well-being and peace of mind are our priority. We’re ready when you are – let’s get started.

Author Bio

Abogadas305 is a personal injury law firm in Miami, FL, founded by attorneys Victoria San Pedro Madani and Ana Berenguer. With a wealth of experience in the legal space, they represent clients in various legal matters, including car accidents, slip and falls, burn injuries, dog bites, defective products, and other personal injury actions.

Since receiving their Juris Doctorates from Stetson University College of Law and Barry University Dwayne O. Andreas School of Law, respectively, Victoria and Ana have received numerous accolades for their professional accomplishments, including being selected to Rising Star by Florida Super Lawyers for four consecutive years.

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