If you trip over an extension cord in a retail store in California and suffer an injury, you may have a personal injury case. Here are some key points to consider:
1. Premises Liability
California law requires property owners (including retail stores) to maintain safe conditions for their customers. This includes ensuring that extension cords, wires, or any other potential trip hazards are properly secured or eliminated. If a store fails to do so, they might be liable for your injuries under premises liability law.
2. Elements of a Premises Liability Claim
To win a personal injury claim in California based on a trip over an extension cord, you must establish the following:
- Duty of Care: The store had a duty to keep the premises safe for customers.
- Breach of Duty: The store breached that duty by allowing the extension cord to be placed in a hazardous way (e.g., left out in a walkway or not properly secured).
- Causation: The unsafe condition (the extension cord) directly caused your injury.
- Damages: You sustained actual harm (physical injury, medical expenses, lost wages, pain and suffering, etc.).
3. What You Need to Prove
- Hazardous Condition: You need to prove that the extension cord was placed in a location where it was a foreseeable danger to customers.
- Notice: In many cases, you need to show that the store either knew or should have known about the dangerous condition. This can be through direct knowledge or because the condition had existed long enough that they should have taken action.
- Negligence: You’ll need to show that the store was negligent in either placing the cord where you could trip over it or failing to address the hazard.
4. Comparative Fault
California follows comparative fault rules, meaning that if you are partially responsible for the accident (for example, if you weren’t paying attention while walking), your compensation may be reduced based on your percentage of fault. However, even if you are partially at fault, you may still be able to recover some damages.
5. What to Do After the Accident
- Document the Scene: Take photos of the extension cord and its placement. If possible, get a diagram of the area.
- Report the Incident: Notify the store about the injury as soon as possible. Ask for a copy of any incident report.
- Medical Attention: Seek medical treatment to document your injuries. This will be crucial for your case.
- Witnesses: If there are any witnesses who saw you trip, get their contact information as they could provide valuable testimony.
6. Time Limits (Statute of Limitations)
In California, the statute of limitations for personal injury claims is generally two years from the date of the injury. It’s important to act quickly to ensure you don’t miss the deadline for filing a claim.
7. Consult an Attorney
A personal injury lawyer can evaluate your case, help gather evidence, and determine if you have a valid claim. Many lawyers offer free consultations and work on a contingency fee basis, meaning they don’t get paid unless you win your case.
Law Offices of James R. Dickinson – 909-848-8448
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