Injured On-Property: What to do if you are Injured While Shopping in NJ or PA
Sometimes a shopping trip is just what the doctor ordered. Whether you have had a stressful workweek and need some retail therapy, or just want to pop in for a quick couple of things on your way home from the office, a trip to the mall — or any retail establishment — should be one that is pleasant, fun and, at the very least, safe.
But accidents happen! You slipped on some spilled liquid in Aisle 3. A mannequin display shook loose and toppled onto you. You cut yourself on the shopping cart. What are your rights? What should you do next?
If you are physically harmed as a result of a property or storeowner’s negligence, it is worth the effort to speak to a personal injury attorney about the viability of a personal injury claim under New Jersey and Pennsylvania negligence laws. The fact is, you are not to blame for someone else’s actions (or lack thereof), and negligent business owners should be held accountable for the injuries they cause.
In order to begin piecing together a case, you must first establish what is called a legal burden of proof, which is what will allow you to successfully argue your position. Without a burden of proof, you have no case.
Here are five things you must prove in order to establish a legal burden of proof against a negligent store or storeowner:
- The Storeowner Knew About the Dangerous Condition: In order to meet the burden of proof, you must be able to prove that the storeowner had previous knowledge of the dangerous condition on the property or, at the very least, that the danger was foreseeable.
- The Storeowner Did Not Act: Another key aspect in establishing the burden of proof is proving that the storeowner failed to fix, remedy or repair the dangerous situation which resulted in your injuries.
- The Dangerous Condition Caused Your Injury: This one is a no-brainer, but it is a necessity, nonetheless. In order to meet the burden of proof that qualifies a store or storeowner as negligent, you must be able to prove that your injuries were sustained as a direct result of the dangerous condition.
- Your Injuries are Real: Another no-brainer, but important all the same. If your injuries are not legitimate, do not bother trying to make a case for them. The potential penalties for filing a frivolous lawsuit far outweigh the benefits of a successful retail store negligence claim.
- You Did Not Purposefully do Anything to Contribute to the Injury: Another critical component of establishing the burden of proof against a negligent store or storeowner is being able to demonstrate that you did not do anything to purposefully contribute to the dangerous condition which resulted in your injuries. Basically, that soap in Aisle 3 that you accidentally slipped on? You should not be the person who put it there.
If you have sustained injuries while at a retail property and need to have your case reviewed, contact the Law Offices of Craig A. Altman. We will help prepare your case and assist you in getting the outcome and results that you deserve. Call us toll free at (888) 329-7212, or visit us online at www.craigaltmanlaw.com.