California laws require retail store owners and operators to maintain their sales floors, sidewalks, parking lots and other common areas in a reasonable manner to minimize potential hazards to customers on site. If you were injured in a slip-and-fall accident on a retail store property, you may have a valid claim for money damages related to medical costs, lost earnings, and pain and suffering.
The Difficulty With Retail Store Injury Cases
Retail store injury claims are becoming more difficult to settle or win in court because the courts expect customers to take precautions when they come across a hazard. However, some types of hazards cannot be immediately recognized and injuries can occur no matter how careful the customer was trying to be. In such cases of unreasonably dangerous conditions, the law provides for remedies under the personal injury litigation process.
Additionally, the injured party has the burden of proving in such retail store slips, trips and falls that the store owner had "notice" of the unreasonably dangerous condition before the fall occurred.This is often the most difficult element to prove in these cases.The more time that passes between the fall and pursuing the claim can sometimes affect an injured party's ability to gather the necessary evidence to prove this essential element.The sooner you call us, the better chance we will have of gathering the evidence we need to prove this crucial element.
In 2012, The Easton Law Firm helped a client who suffered a dreadful slip and fall while shopping at Westminster Mall at Christmas time. Our client contended that she slipped on vanilla ice cream that had been on the floor so long that it congealed, but she had taken no pictures of the substance that caused her fall and therefore had no evidence of what caused her to fall. As a result of the fall, our client suffered significant injuries, including torn Achilles tendons and a fractured Coccyx (tailbone). At an initial mediation, the insurance carrier for the mall offered a paltry settlement of a few thousand dollars based on the lack of evidence for our client's alleged fall. After further litigation, depositions, and discovery, we were able to show that the mall was not conducting reasonable inspections of the premises at the time this fall occurred. The mall's insurance carrier sought a second Mediation in the matter a month before trial where the case settled for $400,000.
If you were injured on a retail property in Orange County, talk to a lawyer at The Easton Law Firm in the South Coast Metro Area of Costa Mesa before you talk to the store owner or insurance adjuster about a settlement. We will explain your rights and help you understand your options for recovering the full extent of your monetary damages.
Our case results include Newport Beach motor vehicle accident claims such as:
- Deaths from auto accidents
- Pacific Coast highway accidents
- Truck and commercial vehicle accidents
- Motorcycle accidents
- Bicycle and pedestrian accidents
- Bus and public transportation accidents
Confidence, Experience And Professional Credentials
Our law firm is a multi-generational family practice with more than 60 combined years of personal injury litigation experience. Doug Easton, the founder of The Easton Law Firm, has been featured by the Los Angeles Times as one of Southern California's Best Lawyers and has been repeatedly honored as a Southern California Super Lawyer. For more than 25 years, Doug Easton has earned Martindale-Hubbell's highest AV Preeminent* peer review rating for ethical standards and legal ability. His sons followed in his footsteps many years ago, and together our family of lawyers has earned great respect and name-recognition among our peers in the legal community in Southern California.
Free Office Consultation · Contingency Fees · Se Habla Español
Our office hours are 9 a.m. to 5 p.m. Evening and weekend appointments are available by special arrangement. We can also arrange to travel to your home, hospital room or other convenient location to meet with you and your family. If you hire us, we will handle your claim on a contingency fee basis. We don't win unless you win.
Call us at 800-461-8259 or use our convenient email contact form to inform us of your circumstances.
*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.