As Norcross attorney Shane Smith explains, when proving liability in a case where someone is injured due to a store hazard, it becomes difficult and is fact-specific.
One of the main factors in this type of case is whether you should have seen the hazard or if it was placed in an area where a reasonable person would not have seen it.
For instance, Shane Smith had a case where a woman walked into a dressing room and, when she came out, a clothing rack had been moved into the path where she entered the dressing room. In this case, he didn’t feel that it was reasonable for her to have seen the rack because she had just walked into the dressing room and the path was clear, but when she walked back through, something had changed in a way that may not have been readily apparent because it was an empty rack. Additionally, she was distracted because when she came out of the dressing room the store clerk spoke and asked, “Can I help you?” So she turned to face the clerk and walked into the clothing rack, sustaining injuries. Documenting all of these facts is crucial in proving liability in cases similar to this.
If you’ve been injured, let us help you. Contact Norcross premises liability lawyer Shane Smith today.