Pursuing Legal Action After a Retail Store Accident in Pennsylvania

birds eye view of shopping mall
September 14, 2020

As stores in the state of Pennsylvania begin to open again after months of closures, many people will begin shopping in person again. It is important that these grounds are properly taken care of so that accidents do not happen as a result of negligence. In the event that they do, shoppers can sustain injuries such as broken bones, spinal cord injuries, brain injuries, and more. It is because of this that injured parties can pursue legal action against the negligent party to recover compensation for the damages incurred. Continue reading below to learn more and contact an experienced Pennsylvania personal injury attorney for assistance.

Who is Responsible for a Retail Store Accident?

Shoppers are considered a “business visitor” when going into a retail store. It is because of this that those who run the store owe the individual a duty of care. This requires them to make sure the property is safe for people to come onto. This requires them to maintain the property conditions with regular inspections to rectify any hazardous situations that arise overtime. Examples of hazards that are often found in retail stores can include spilled liquids, uneven walkways, poor lighting, unsafe parking lots, construction hazards, and more. If these dangers are not fixed and a shopper becomes injured as a result, they can pursue legal action against the negligent party.

How Can I Prove Negligence?

After an accident takes place in a retail store due to the negligence of the owner or staff, the injured party can work to hold them responsible through a personal injury lawsuit. During this time, they are required to satisfy the burden of proof by showing two things: the owner/staff knew about the hazardous condition or should they have known about it and they failed to fix it. This can be done by gathering evidence that demonstrates how negligence occurred.

It may be possible to prove a store owner knew about the hazard if there was actual notice or constructive notice. Actual notice is any type of record that proves the store owner acknowledged the existence of the hazard. Constructive notice is if the owner failed to inspect their property for visible dangers. An experienced attorney can help to gather the proper evidence necessary to prove negligence.

Contact our Firm

If you or a loved one has been in a personal injury accident in Pennsylvania, it’s important that you contact an experienced Philadelphia personal injury attorney to help you with your case and to make sure that you are not taken advantage of. Contact Spear Greenfield to get the right attorney in your corner.