All customers have a right to feel reasonably safe on the premises of a store or any business place for that matter. Stores have a legal obligation to provide reasonably safe environments for their customers. Failing to meet this obligation can result in a customer getting injured. When this happens, a customer may have a case against the business based on premises liability law.
Premises liability cases have the following essential elements:
- A legal duty of care the business owes to the customer,
- A violation of that duty of care, and
- The resulting harm is due to the violation of that duty.
To succeed in a premises liability suit against the store, the injured customer must prove all those elements.
What Exactly is Duty of Care?
Courts know that businesses cannot completely eliminate the risk of injury on their premises, so they impose on businesses the “reasonableness standard.” While this standard’s requirements can vastly differ on the circumstances of each case, they usually include the following:
- Develop and follow a clear procedure to routinely inspect the premises for any defects that could injure customers.
- Routinely clean the premises to reduce the risk of slips, falls, and other accidents.
- Repair crumbling, cracked, or otherwise damaged pavement near the entrance.
- Give customers clear and early warning of wet floors and other hazards by putting up warning signs near the hazardous areas.
- Provide a rug or mat near the entrance when it’s raining outside to prevent the buildup of water on the floors.
What Exactly is Breach of Duty of Care?
When businesses fail to meet their legal duty of care, they have breached or violated their duty. For instance, if you slipped in a store because of a spilled beverage, there are a couple of ways in which the store may have violated its duty of care. Maybe the business doesn’t have a strict cleaning schedule that would routinely eliminate spilled products. Maybe the business has a cleaning schedule but didn’t follow it the day you slipped and fell.
Or maybe an employee saw the spilled beverage and planned to clean it but needed to do something else and forgot to clean the spilled beverage. Any of these mistakes could be considered a violation of their duty of care to you.
What Exactly is Harm Resulting From The Breach of Duty of Care?
To win your premises liability case, you must likewise prove that the business’s breach caused you harm. This harm may take on various forms, such as:
- Medical expenses
- Pain and suffering
- Emotional distress
- Lost wages and earning capacity
- Lost ability to enjoy the pleasures of life
The main issue is whether the store’s breach resulted in the harm. It’s not enough to just show you suffered harm after you slipped.
Discuss Your Situation with a Seasoned Boca Raton Premises Liability Attorney Now
You are legally entitled to pursue fair compensation from a storeowner whose negligence caused your injuries. To learn more about your case and options for receiving compensation, get in touch with the Boca Raton premises liability attorney of Demand The Limits. Set up your free case review by contacting us online or calling 561-600-3555.
