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Retail Store Premises Liability Guide: What Victims Should Know

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Apr 15, 2025

mature woman slip and fall

Retail stores are a common venue for shopping, attracting a wide range of customers daily. While most shopping trips go off without a hitch, accidents and injuries can occur on retail premises, leading to premises liability claims. Every shopper needs to be aware of injury hazards that occur in retail stores, the legal principles of premises liability, and when they should contact a Atlanta Personal Injury Lawyer, specifically a Atlanta Premises Liability Lawyer, to file a premises liability claim for their injuries.

Premise Liability and the Types of Retail Store Injuries

Premises liability is a legal concept that holds property owners and occupiers responsible for injuries that occur on their property due to negligence. In the context of retail stores, this means that store owners or managers have a duty of care to provide a safe environment for customers and take reasonable steps to prevent accidents. If they fail to do so, they may be held liable for injuries resulting from their negligence. Some of the types of premise liability injuries that occur in retail stores include:

  • Slip, Trips and Falls: Slip and fall accidents are among the most common types of injuries in retail stores. They can occur due to wet or slippery floors, spilled liquids, loose rugs or mats, or even cluttered walkways. Tripping hazards, such as uneven flooring, loose tiles, or exposed cords and cables, can cause customers to trip and fall. Customers may suffer injuries such as sprained ankles, broken bones, or head injuries as a result of a slip or trip and fall incident.
  • Merchandise Falling: Retail stores are filled with shelves stacked with merchandise, especially in large warehouse or box stores. If items are not securely stored or are improperly stacked, they can fall and strike customers. Falling merchandise injuries may include bruises, lacerations, or even head trauma, depending on the size and weight of the item.
  • Escalator and Elevator Incidents: Malfunctions or poor maintenance of escalators and elevators within retail stores can lead to accidents. These incidents may result in injuries such as broken bones, soft tissue injuries, or entrapment injuries.
  • Shopping Cart Accidents: Shopping cart accidents can happen when a cart is defective, has a malfunctioning wheel, or is overloaded. Customers pushing or using shopping carts can suffer injuries like cuts, bruises, or even broken bones if a cart overturns.
  • Inadequate Security: In some cases, customers may be the victims of criminal acts like theft, assault, or robbery while in a retail store. Inadequate security measures can contribute to these incidents, leading to physical injuries, emotional distress, or property loss.

When a customer is injured while shopping due to unsafe conditions, the store owner and possibly the property owner (if the store is leased) may be liable for injuries.

What Constitutes a Premise Liability Claim Against a Retail Store?

To establish a premises liability claim in a retail store setting, the injured party (plaintiff) typically needs to prove the following elements:

  • Duty of Care: The plaintiff must show that the store owner or occupier owed them a duty of care to provide a safe shopping environment.
  • Breach of Duty: The plaintiff must demonstrate that the store owner or occupier breached this duty of care by failing to address a known hazard or creating an unsafe condition.
  • Causation: There must be a direct link between the breach of duty and the injuries suffered by the plaintiff. In other words, the plaintiff must show that the store’s negligence directly caused the injury.
  • Damages: The plaintiff must have suffered actual damages, such as medical expenses, pain and suffering, lost wages, or property damage, due to the injury.

If these elements can be proven, injured retail customers may be eligible to seek compensation for medical expenses, lost wages, pain/suffering, and other damages.

While retail stores are generally safe environments, accidents and injuries can still occur due to various factors. Understanding the types of injuries that can happen in retail settings, the legal principles of premises liability, and what you can do if you are injured can protect you against financial losses due to a retailer’s negligence. If you have been injured due to negligence in a retail setting in Georgia or Alabama, contact our team at the Law Office of Dwayne L. Brown. We offer free legal consultations for personal injury cases at our Atlanta, GA, and Montgomery, AL, locations.

Posted on behalf of Dwayne L. Brown

3390 Peachtree Rd NE, Suite 1100
Atlanta, GA 30326

Phone: (404) 738-6000

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Case Results

  • $11,500,000

    Our client’s vehicle stalled on the highway in the Atlanta metro area due to a mechanical issue. They activated their hazard signals and waited for help. A commercial 18-wheeler approached but failed to notice the stalled car and slammed into it from behind. The gas tanker overturned, spilling 9,000 gallons of fuel and igniting a fire that engulfed both vehicles. Both the truck driver and our client lost their lives. The trucking company argued that the crash was partly our client’s fault because their vehicle had stalled. We countered by showing that commercial drivers have a heightened duty of care, including knowing how to safely react when approaching a disabled vehicle, and that the truck driver failed to take those precautions. The case resolved confidentially with an $11,500,000 settlement for the victim’s family. The recovery provided critical financial support for the decedent’s two children, helping cover immediate expenses, education, and future needs through a structured settlement.

  • $2,650,000

    Our firm represented the family of a deceased armed services veteran who was tragically killed in a tractor-trailer collision. The crash occurred because the commercial driver failed to properly use the required warning triangles to alert oncoming traffic. Early on, there was uncertainty about whether the veteran could have avoided the crash. Liability was heavily contested; the defense argued the crash might have been avoidable and not solely the truck driver’s fault. We encouraged a full investigation, analyzing speed, driving conditions, and compliance with federal trucking safety regulations. That work revealed the commercial driver had violated those regulations. By uncovering clear regulatory failures, we built a strong claim to hold the trucking company accountable. The case resolved for $2,650,000, bringing critical financial security to the veteran’s family. The recovery gave them resources to cover immediate expenses and helped create stability for the decades to come.

  • $1,876,000

    In Chattanooga, our client, a professional truck driver, was killed in a crash caused by another truck driver who was driving far below the posted speed limit. The slow-moving truck gave no warning: no hazard lights or signals indicating it was traveling unusually slowly. Our client collided with the vehicle and, tragically, both drivers died in the crash. The defense argued that, despite the other driver’s unsafe speed, our client should have taken evasive action. Our team countered by demonstrating how the lack of hazard signals and failure to indicate the danger created an unreasonable and unexpected road hazard, directly leading to the collision. We secured a $1,876,000 settlement for our client’s family. A significant portion was structured to provide long-term stability for his surviving minor child, including funds set aside for education and a monthly allowance to help with ongoing financial needs.

  • $1,000,000

    In Alabama, a father on his way to work was killed when a commercial driver failed to yield the right of way. The truck veered left directly into our client’s path, forcing his vehicle under the trailer. The impact caused a fire that claimed the lives of everyone inside. We represented the estate on behalf of the man’s only child, a minor left without their father. Our team investigated the accident thoroughly to confirm liability and secure maximum compensation. The case concluded with a $1,000,000 settlement, representing the full insurance limits available. These funds created crucial financial stability for the child, offering support for immediate needs and future opportunities in the absence of their father’s income.

  • $5,500,000

    Law Office of Dwayne L. Brown in collaboration with another law firm represented the children of a pedestrian struck by a delivery vehicle while working.

  • $3,000,000

    The Law Office of Dwayne L. Brown successfully represented a minor whose father was killed by a third-party commercial driver while working.

  • $3,000,000

    Law Office of Dwayne L. Brown helped to facilitated the resolution of a catastrophic wreck in the State of Ohio after 2 years of litigation.

  • $2,100,000

    The Law Office of Dwayne L. Brown successfully represented the family of a deceased victim against a neurologist who failed to conduct a CT Head examination thereby resulting in a catastrophic injury.

  • $1,750,000

    The Law Office of Dwayne L. Brown successfully represented the family of an infant who was injured at birth by an OB/GYN who failed to conduct an emergency c-section.

  • $1,343,237

    The Law Office of Dwayne L. Brown successfully represented a client who sustained several broken bones due to a car accident that occurred in Fulton County, Georgia.

  • $1,000,000

    Law Office of Dwayne L. Brown successfully represented a driver who was injured when an emergency vehicle negligently impeded oncoming traffic resulting in a vehicle collision.

  • $550,000

    The Law Office of Dwayne L. Brown successfully represented a worker who sustained a herniated disc injury while working on a commercial vehicle

  • $535,000

    Law Office of Dwayne L. Brown successfully represented a driver who was reared ended by another vehicle and sustained a neck injury.

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    Law Office of Dwayne L. Brown successfully represented an uber driver who was struck by another vehicle and sustained a knee injury.

  • $450,000

    Law Office of Dwayne L. Brown successfully recovered on behalf of a client who sustained a concussion in an automobile collision.

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