While most retail stores are well-run places where customers can browse and make purchases safely, the reality is that some accidents are bound to happen in these spaces. If you or someone close to you has been injured in a retail store, you may be able to seek compensation for your harm. At the Law Offices of Robert Dixon, our seasoned Miami premises liability attorneys understand how to navigate these types of cases and can put our knowledge to use in your case.
In a recent lawsuit filed in the Southern District of Florida, a St. Lucie County plaintiff is suing an Apple store for an injury suffered while in the store. According to the complaint, the plaintiff had arrived to the store to have her iPhone repaired. An employee went to retrieve an iPhone case from a wall located within the store. At that time, the store employee dropped a sharp metal shelf bolder on the plaintiff’s left arm while looking for an iPhone case for her.
According to the Occupational Safety and Health Administration, accidents do not just happen. In fact, nine out of 10 customer accidents result from some form of negligence. In the case at hand, the plaintiff seeks damages for her injuries, which she alleges are serious and have caused her to become lame and disabled and may even result in permanent injuries. The plaintiff further alleges that her injuries were caused solely by the negligence of the defendant without any contributory negligence on her part.
Negligence takes place when an injury or death is a result of a person or entity failing to use reasonable care. Reasonable care is defined as the level of care that a reasonably prudent person or entity would use in the same or similar circumstances. The plaintiff argues that the defendant had an obligation to correct the hazardous condition that caused her injury or at least warn her of the dangerous condition in order to prevent the injury.
Under Florida law, when property owners are negligent, the lawsuit typically falls under the broader theory of premises liability, which is a legal concept that comes into play when an injury was caused by an unsafe condition on someone’s property. In Florida, customers are considered ‘invitees.’ Invitees are individuals who enter property for a business purpose and are owed the highest duty of care. When it comes to invitees, property owners must not only maintain the property in a reasonably safe condition but also must provide timely notice of any hidden dangers of which the property owner knows or should know.
Retail premises have a duty to keep their spaces safe for shoppers. If you or someone close to you was injured in a retail store, our skilled Miami premises liability attorneys can help. At the Law Offices of Robert Dixon, we will provide you with personalized legal representation at every step of the way. To schedule a free, initial consultation, call us at 1-877-499-HURT (4878) or reach out to us online today.
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