Commercial property owners and managers of stores, companies, restaurants and service operations open for business to the public have a legal responsibility to protect “invitees” to their property from any injury or hazard that may be reasonably foreseen and prevented. Customers who are injured in retail store accidents often feel as if they have an automatic claim to compensation for their injuries.
In order for a slip and fall injury to have legal validity, however, a few factors will be taken into consideration. First, the property owner must have had prior knowledge that the hazardous condition existed, or the condition must be immediately identifiable as a possible hazard, by using reasonable observation.
This means that a store’s parking ramp cannot be constructed in such a way that will increase the possibilities of assault or stairwell accidents in the dark. Even if the property owner never received a complaint about the exact hazard, a reasonable person could conclude that a serious injury could occur under those conditions.
Second, a commercial property owner who has been notified of a specific hazardous condition must be given reasonable opportunity to remove or sufficiently warn the public of the hazard. In other words, if a customer drops a carton of eggs, then tells the store manager about it but somebody slips and gets injured a half hour later, the property owner may be held liable for not removing the hazard or sufficiently protecting the public from injury.
Contact Zachar Law Firm to learn more about commercial property liability injury claims.
Manufacturers of commercially available products have a legal responsibility to ensure that their products are not a danger to the public. This includes all phases of design, manufacturing, packaging, distribution, installation and actual product use.
Many injury victims get hurt while using a commercial home product incorrectly or not exactly according to instructions or warnings. Part of the manufacturer’s responsibility includes designing their product for safe use under any reasonable conditions for use.
A product that causes an injury while being used for its intended purpose, but not according to exact instructions, may still be considered a dangerous product, making its manufacturer liable for damages. This is often the case with children’s toys and products.
If you or a family member has suffered an injury while on a commercial property or while using a commercial product Zachar Law Firm in Phoenix, Arizona, is ready to help.
Contact us for a free consultation with attorney Christopher Zachar. We will provide a clear explanation of how premises liability and product liability laws apply to your injuries, and we will help you decide what the best legal options may be to recover full and fair money damages for your injuries.