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Defenses available to shop owners against personal injury claims

Every year in the United States there are thousands of personal injury claims due to shopping-related injuries alone. Shopping related injuries can be a result of shop owner's negligence but this is not always the case, and sometimes shop owners are not to blame at all. Some types of shop related injuries include:

Slips and falls: These are the most common form of shop related injuries and can be the result of wet floors, uneven floors, escalator and other equipment malfunctions or due to personal negligence on the part of the shopper.

Head and body injuries: These can be the result of falling goods, equipment, displays, etc.

Shopping cart injuries: These injuries are a result of shopping carts falling over, wheels jamming, etc.

Overcrowding injuries: Injuries as a result of inadequate management of space and crowding that can lead to suffocation and people being trampled. Parking lot injuries: Injuries that come about due to badly designed parking lots, cracked and bumpy surface and lack of rain and snow clearing.

When injured while shopping quite often shoppers resort to filing personal injury claims against the shop owners. The owners of the stores have a responsibility under state law to keep the premises reasonably safe and maintained and free of hidden dangers, hazards, etc. For a personal injury claim to be effective, the shopper must provide evidence that supports the fact that the shop owner had knowledge of the dangerous conditions in the shop, failed to take action, inspect or maintain the shop. It must be proven that the shopper would not have suffered the injuries if the dangerous conditions of the shop were not present and that the injuries caused were indeed a result of the premises dangers. When dealing with a general personal injury claim, a shop owner has access to the following forms of defense:

· They can claim that no dangers existed on the premises.

· The owner can deny having any prior knowledge of the dangerous conditions.

· The owner can claim that they took reasonable steps to prevent any hazardous conditions.

· The owner can claim that the danger was blatantly obvious and should have been noticed.

· The conditions did not lead to the injuries.

· The shopper's own negligence led to the damages.

Personal injury cases can be very complex and confusing thus it is highly recommended that you consult an experienced attorney near you to get more information.

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Law Offices of Mark A. Thiel
3439 Brookside Rd., Suite 205
Stockton, CA 95219

Phone: 209-390-4601
Fax: 209-475-4951
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