Maison Law proudly stands up for injury victims at California big box stores like Michaels. Many different things can happen to you or other shoppers at these stores, all of which can leave you with injuries and other damage. Our team can explain your rights and what the process is for making a recovery. Contact us today for a free consultation if you’ve been hurt at Michaels.
Should You Work With Our Lawyers?
The answer to this question depends on the extent of the accident and your injuries. If your injuries are minor and the accident itself was bad luck or a freak occurrence, you probably don’t need a lawyer’s help. That said, if you’ve been more seriously injured, or you have questions about the extent of Michaels’ involvement, our team can be a big help by:
- Explaining your legal rights and options
- Establishing liability
- Investigating the facts of the accident
- Helping you gather evidence
- Keeping you informed about your case’s progression, if you want to move forward
Ultimately, there’s no legal requirement that says you need a lawyer and even then, the decision is yours. If you do decide to fully explore your legal options, the first thing you’ll need to think about is the actions you take immediately after the incident.
What Do You Need to Do After the Injury?
Nobody goes to a Michaels store and expects to get hurt in an accident. And yet, these incidents have been known to happen across California. While the store’s management and employees have their own duties and responsibilities, you yourself have to take some steps after the accident to protect your health and legal options:
- Go to the doctor – If you’re injured, see a doctor even if the injuries seem minor. Keep all medical records and bills to support your case.
- Notify a Michaels’ employee about the incident – Most likely, somebody will come along to help you. If this is a Michaels employee, make sure they tell their supervisor about the accident. Request a report and obtain a copy to establish the incident.
- Get visual evidence – Take pictures or videos of the accident site, any unsafe conditions, and your injuries. This visual evidence can demonstrate what occurred and potential fault on the part of the Michaels.
- Avoid admitting fault – Be cautious when speaking to Michaels’ store management or an insurance representative. It’s wise to consult with our lawyers first. Your statements could be used against you, and a lawyer can guide you on handling these conversations appropriately.
Damages
No matter what, you have the legal right to file a claim for damages against Michaels–specifically against their liability insurance carrier. This is because, as a business, Michaels has a duty to keep you and other customers safe while you’re shopping there. Whether you decide to file an insurance claim or a lawsuit, you can potentially recover the following financial support in a claim:
- The costs of current and future medical treatment related to the injuries.
- Income lost due to your inability to work caused by the injuries.
- Repairing or replacing property damaged in the accident.
- Physical pain and emotional distress resulting from the injuries.
- Psychological trauma experienced due to the accident.
- Impact the accident has on your quality of life.
- The loss of support and companionship from loved ones due to the injuries.
The specific amount of damages depends on your case’s circumstances. So, it’s important to understand what these can be, and how they’ll impact your overall case.
What are the Unique Circumstances Around a Michaels’ Injury?
In straightforward terms, a Michaels’ store–and everyone employed there–has a crucial duty to ensure their property is safe for everyone. If they fail in this duty, whether intentionally or unintentionally, they become accountable for your resulting injuries or accidents. Legally, this is termed “negligence.”
As it relates specifically to a Michaels’ store, there are unique circumstances involved that will factor into your overall claim. Usually, the starting point is how the accident itself happens:
- Floors that are wet, slippery, or have debris can cause people to slip and fall.
- Items on shelves may fall, potentially injuring customers or employees.
- Poorly stacked merchandise can create tripping hazards or cause objects to fall.
- Inadequate security measures may lead to incidents like theft, assaults, or other criminal activities.
- Products sold at Michaels, if defective or dangerous, can harm customers.
- Neglected store maintenance, such as broken stairs or faulty escalators, can result in accidents.
- Insufficiently trained or negligent employees may contribute to accidents or injuries.
- Not providing proper warning signs for potential hazards can lead to accidents.
- During busy times or special events, crowded conditions may result in accidents.
While this might seem clear-cut when something like that causes your accident, there’s room for interpretation regarding what makes up a “reasonable” level of care. So, when you’re hurt in an accident, here’s what you’ll need to establish
- Duty of care – Confirm that the Michaels owed you a duty of care. This duty varies depending on your reason for being on the property. If you’re in the store during business hours, you are lawfully there. A Michaels store doesn’t have the same duty of care to you if you’re trespassing or somewhere you’re not supposed to be.
- Foreseeability – Demonstrate that the Michaels either knew or should have known about the hazardous condition causing your injury. This knowledge can be actual (awareness of danger) or implied (reasonable awareness through inspection and maintenance).
- Failure to take reasonable steps – Show that the Michaels store did not take appropriate measures to take care of known or foreseeable hazards. This could involve failing to repair, warn, or secure the area based on the specific circumstances of your accident.
- Causation – Establish a direct link between Michaels’ negligence and your injury. Prove that unsafe conditions directly caused harm through evidence, witness testimonies, and medical records if needed.
Comparative negligence
You’ll also have to contend with defenses from Michaels. One of the main ways the insurance company will do this involves California’s “comparative negligence” rule. This states that any percentage of fault you play in the accident will proportionally reduce Michaels’ overall liability–and as such, your damages.
Typically, they’ll do this by arguing:
- The hazards weren’t foreseeable
- Your actions contributed to the accident and your injuries
- You were trespassing or deliberately injured yourself
- You failed to follow signs or warnings
- The accident was simply a freak occurrence
Basically, Michaels is going to do anything they can to reduce their liability. Still, under normal circumstances, they’ll be liable for covering your injuries and damages. To make sure you get what you’re owed from the store, our team will be there to support you and build a strong case on your behalf.
Contact Maison Law After a Michaels Injury in California
When you go shopping at a Michaels, you expect to do so in an environment where hazards are either taken care of or you’re at least warned of the potential for an accident. When Michaels doesn’t take their responsibility seriously and you’re hurt in an accident, our team at Maison Law will be there to give you the legal support and guidance you need to effectively respond. To get started, contact us today for a free consultation.
