Suing Retail Stores in Premises Liability Lawsuits

Premises liability refers to the legal concept that property owners or those responsible for a property’s maintenance must take reasonable steps to keep the property safe for people who are allowed to be there. In the context of retail stores, this responsibility often serves to protect shoppers who might slip, trip, or otherwise become injured due to dangerous conditions. If a store creates a hazard or fails to correct a hazard that exists on its premises, it may be held responsible for any harm that results.

Traditional Requirement of Notice

Many states follow the traditional rule that a store may be liable for a customer’s injury only if the store had notice of the hazard. Notice can be either actual or constructive. Actual notice means the store itself created the problem or actually knew it existed. Constructive notice arises when the hazard has been present long enough that the store should have discovered and addressed it if it was being reasonably careful. Courts often look at factors such as how visible the hazard was or whether employees had enough time to discover it before an accident occurred.

For example, a store usually has actual notice when its employee spills a liquid and fails to clean it up. Under those circumstances, the store generally cannot argue that it was unaware of the condition. On the other hand, a store might have constructive notice if a drink is spilled by a customer and goes unaddressed for an extended time. If evidence suggests the spill was in an area where employees could have seen it, or on security footage that the store monitored, a court might find that the store should have fixed the problem before the injury happened.

Mode of Operation Approach

Certain states may apply a “mode of operation” approach, which alters the customer’s initial burden of proof. Under this approach, an injured person can first show that the way the store conducts its business naturally creates a higher risk of particular hazards. If the injury happened because of one of these foreseeable hazards, the store might be liable even without the customer proving specific notice of the condition. Stores can defend themselves by demonstrating that they had effective inspection or cleanup procedures and that their employees followed those procedures consistently.

Recurring Condition Approach

In other states, courts sometimes follow the recurring condition approach. Under this approach, when a store knows a particular dangerous condition occurs regularly in a certain location, that prior awareness can create a duty to anticipate and prevent it. An example is when a manager knows that a particular aisle has frequent spills from leaking product containers. If accidents keep happening in that area, the store’s awareness of the repeated condition makes it necessary for the store to take measures to reduce or eliminate that hazard.

There’s not always a sharp line between each of these approaches. Some jurisdictions combine elements of multiple approaches, or use different approaches in different situations.

Damages in Retail Store Cases

Someone injured in an accident for which a retail store or its staff was at least partly at fault may be able to recover economic and non-economic damages. These may include medical bills, lost income, and other out-of-pocket costs, as well as more intangible forms of harm like pain and suffering and mental anguish. Sometimes a victim also can recover damages related to future losses, such as ongoing treatment for a long-term disability or a permanent reduction in their earning capacity. Experts like doctors and economists might be able to help prove more complex forms of damages.

Common Steps to Prevent Injuries

Many retail stores maintain routine inspection policies to reduce the risk of dangerous conditions. These policies often include regular walkthroughs of aisles and other customer areas, along with documentation of when these inspections take place. Stores often clean floors, repair lighting, and address damaged merchandise or fixtures promptly to reduce the risk of accidents. Thorough training of employees is also a key aspect, since staff members who know how to identify and address hazards at an early stage can prevent many injuries. Maintaining clear records of these safety procedures can help demonstrate that the store minimizes risks in a reasonable manner.

Last reviewed April 2025