Erewhon are pricey health food organic supermarkets with only seven stores around the Los Angeles area. Some grocery chains might have hundreds or even thousands of times more stores than Erewhon Market. However, the same common legal duty runs through all of them. They must maintain their stores in a reasonably safe condition. Therefore, they have to be free from any hazards that might cause injuries to their customers. If a customer is injured as a result of a breach of that duty, the owner of the store can be found negligent and be held liable for damages.
More Than a Decade of Successful Client Representation
The California slip-and-fall and trip-and-fall lawyer here at Maison Law has been helping victims of supermarket falls for more than a decade. He’s acutely aware of how painful, debilitating and costly a slip-and-fall or trip-and-fall accident can be. Accordingly, he’s dedicated to doing whatever he can do to help victims of these accidents obtain the compensation they deserve for their injuries and damages.
The Burden of Proving Your Case
As the claimant in a slip-and-fall or trip-and-fall case at any supermarket, the burden of proof is on you to prove your case by a preponderance of the evidence. What that translates into is that your version of the facts and evidence in your claim is more likely true than not true. Here are the legal elements that must be proved in order to prevail in a slip-and-fall or trip-and-fall case:
- There was a dangerous condition on the walking surface.
- The grocer knew or should have known of the condition.
- The grocer failed to clean or remedy the condition within a reasonable amount of time.
- The claimant slipped or tripped and fell and was injured.
Examples of Supermarket Slip-and-Falls and Trip-and-Falls
An accident at a grocery store can happen in any number of ways. Here are a few examples of what we’ve seen in the past:
- Poorly located or missing door mats at entrances.
- Product spills on floors.
- Wet floors caused by refrigeration leaks.
- Fruit or vegetable remnants on floors.
- Displays interfering with store aisles.
- Cleaning supplies and trash left on aisles by employees.
- Spills and leaks in washrooms.
Proving Knowledge Can Be Problematic
You either need to prove that the dangerous condition existed, and management or its employees knew about it, or you must show that existed long enough that they should have known about it. If neither of those are present, no case exists. Our slip-and-fall and trip-and-fall lawyer here at Maison Law will listen to you closely in a free consultation and case review. And we will determine whether you might want to proceed on a claim or law or lawsuit. Knowledge might also be shown by security camera video, but it must be discovered and preserved before its destroyed.
How Long Do I Have to Bring a Slip-and-Fall or Trip-and-Fall Lawsuit in California?
As per the general rule in California, you have two years from the date of your accident to file a personal injury lawsuit. Take notice that a claim is not a lawsuit. An actual lawsuit with a summons and complaint filed must be filed in the county where your accident occurred. There are very few exceptions to this two-year rule, so always be mindful of it.
Any number slip-and-falls or trip-and-falls can seriously injure you or your family member. You weren’t being clumsy or inattentive. You were looking at food products that were at a level that enticed you to look at them. Therefore, don’t give a written or recorded statement of any kind to the insurer of the store. Contact our slip-and-fall and trip-and-fall lawyer here at Maison Law instead for that free consultation and case evaluation right after getting an injury. Once you retain us, our job will be to obtain the highest settlement or award that you deserve.
Contact a Los Angeles Smart and Final Accident Lawyer
A small, locally-owned supermarket or a national chain will likely have lawyers at the ready after any accident in their stores. You should not face off against lawyers or insurance companies without a legal representative on your side.
Let an experienced Los Angeles Slip-And-Fall Attorney handle all communication with opposing lawyers and insurance agents to make sure you don’t forfeit your chance to get what’s fair for what you’ve been put through.
Contact attorney Martin Gasparian for a free and confidential case evaluation. Mr. Gasparian works with victims to make sure blame isn’t out on them for the negligence of a supermarket or any other business.
