You have the right to sue if you were injured while shopping in San Diego, but success depends on proving that the store or property owner was negligent. Businesses that invite customers onto their property have a legal duty to keep those areas safe. When they fail to fix hazards or warn shoppers about unsafe conditions, they can be held financially responsible for resulting injuries.
If your shopping ended with a painful fall, a trip to the emergency room, or an injury that has disrupted your daily life, you’re not alone, and you have options. At The Barnes Firm, our experienced San Diego personal injury attorneys understand how overwhelming the recovery process can be. We’re here to help you pursue needed compensation for medical bills, lost income, and other expenses and challenges arising from an unexpected injury.
Key Takeaways
- Bottom line: You can file a lawsuit if you were injured while shopping in San Diego, but you need to present evidence that the store or property owner was negligent to prevail in your case.
- Steps to take: Documenting the scene, reporting the incident, and getting immediate medical care are essential to protecting your health and legal claim.
- Good to know: In California, you generally have two years from the injury date to file a personal injury lawsuit.
- Take action now: The Barnes Firm’s experienced attorneys are available 24/7 to get you the best result possible. We offer free consultations and charge no fees unless you win your case.
Elements Required to Sue a Store for Injury
To win a personal injury case, including those involving a shopping accident, you must prove that the liable party was negligent by demonstrating the following elements:
- The liable party owed you a duty of care
- They breached that duty
- The breach caused your accident and injuries
- Your injuries caused you to suffer physical, emotional, or financial damages
Proving Negligence
Negligence occurs when a business fails to take reasonable steps to keep customers safe. Under California’s Civil Code, property owners are responsible for injuries caused by their lack of ordinary care.
Common forms of store negligence that can cause serious injuries include:
- Failing to clean up spills in a timely manner
- Failing to repair broken flooring or torn carpeting
- Neglecting to warn shoppers about construction or wet surfaces
- Poor lighting that makes it difficult to see hazards in aisles, parking lots, or stairways
- Failing to secure loose shelves, signage, or displays that can fall and cause injury
To prove negligence, your San Diego slip and fall attorney will investigate the scene, obtain surveillance footage, gather witness statements, and review maintenance records to show that the store knew, or should have known, about the dangerous condition.
Showing That Negligence Caused a Serious Injury
Even when negligence is clear, you also must show that it directly caused measurable harm. As such, prompt medical care is crucial for both your health and the outcome of your case. It’s important to keep detailed records of every appointment, prescription, and medical report because they will serve as key evidence of your damages.
If you’ve suffered lasting pain, mobility limitations, or emotional distress from your injury, our team can help ensure these long-term effects are fully documented and valued in your claim.
Timing
Acting quickly after a shopping accident is essential. Report the incident to store management immediately and request a written copy of the report. Any delay could result in the loss or destruction of important evidence.
California’s statute of limitations also limits the amount of time you have to file a claim. Most personal injury lawsuits must be filed within two years of the injury. If you’re unsure whether your window to file has passed, The Barnes Firm can review your case and explain your options.
Common Injuries Our Premises Liability Attorneys Handle
No one expects to get hurt while running errands or browsing a store, but accidents can happen when businesses don’t prioritize safety. Our lawyers have helped clients recover compensation through slip and fall settlements involving serious injuries such as:
- Spinal or back injuries: From slips, trips, or falls caused by spilled liquids or uneven flooring
- Head and brain injuries: From falling objects or collisions with improperly secured fixtures
- Fractures and broken bones: From falls on wet or cluttered surfaces
- Soft-tissue injuries and sprains: From sudden twists or impacts that strain muscles and ligaments
- Cuts and lacerations: From sharp shelving, broken glass, or unsafe displays
If you’ve experienced any of these injuries after a shopping accident, our San Diego premises liability attorneys can review your situation and help you pursue the compensation you deserve.
Contact The Barnes Firm for a Free Case Evaluation
At The Barnes Firm, we’ve helped thousands of Californians recover damages from preventable injuries in grocery stores, malls, and supermarkets. Our attorneys understand how an unexpected accident can disrupt your health, finances, and daily routine, and we will help you get the best result possible. With over 500 years of combined legal experience, our team fuses skill, strategy, and compassion to advocate for every client we serve.
We offer free consultations and never charge a fee unless you win. Our attorneys are available 24/7 and can meet you at your home, office, hospital, or at our convenient San Diego office. From the moment you contact us, you’ll have direct access to a knowledgeable attorney who will guide you through every step of the process.
If you were injured while shopping in San Diego, don’t face this trying time alone. Call The Barnes Firm today at 800-800-0000 or contact us online for your free consultation.