Whether you live in Jackson, Mississippi, or elsewhere, shopping at the local Walmart or Costco is a favorite pastime. But, what happens if you or a family member is injured amid all the hustle and bustle to purchase the day’s trending item?
Accidents account for millions of personal injury claims in America. Although the majority are due to traffic collisions, slip and fall, trip and fall, and other types of on-premises injuries result in approximately $4 billion in victim compensation each year.
Premises liability and personal injuries
In legal terms, a personal injury is any physical, emotional, or property damage inflicted due to another’s actions. In a liability case, the injury must have been caused by unsafe conditions or the reckless/negligent behavior of another.
Most of these claims are due to injuries that occur while someone is on the premises, but corporations are also culpable for injuries caused by any employee acting on behalf of the company in the course of discharging their duties.
For example, staff failure to clearly mark a recently mopped floor would result in liability if a shopper falls and hurts their back. But, the company could also be liable for damages if a driver causes a traffic accident while making deliveries around town.
Premises liability refers to any preventable injuries that happen in the store or on store property.
Is your favorite shopping spot liable?
Big box stores are so named due to the high volume of inventory and physical space. People enjoy these types of retail outlets due to the ability to find big-ticket items at a lower price or purchase goods in bulk.
However, the nature and layout of such stores also make them hotspots for personal injury cases.
In Mississippi, the burden of proof for premises liability falls on the person claiming an injury. Store owners, managers, and employees have a duty to:
- Keep aisles free from debris
- Properly secure large or bulky inventory
- Sweep and mop floors after a spill
- Warn patrons of possible hazards while on the premises
It’s your job to prove that the store or responsible persons failed to do so and that their negligence resulted in an injury. Fortunately, widespread video surveillance means that such cases are no longer just one person’s word against a retail giant.