A two-year-old girl was killed in a tragic accident inside a Payless ShoeSource store last week. Ifrah Siddique was crushed when a large mirror fell as she was trying on shoes. The child was rushed to the Southern Regional Medical Center, but died from her injuries.
This tragedy calls into question the legal responsibilities of stores and other businesses, as well as the legal rights of those who are injured on their premises. Sadly, serious injuries and deaths in retail stores occur with relative frequency. Stores and other businesses open to the public often have heavy foot traffic, leading to an increased risk of something going wrong, eventually. Usually these incidents are minor, but not always.
Add frequent moving and re-arranging of displays and other heavy items to the inherent hazard of heavy foot traffic, and the risk of slip and fall accidents, traumatic brain injuries and death increases dramatically. Although minor accidents are sometimes difficult to predict – or prevent – serious injuries and fatal accidents should never occur. But they do. If you are injured due to a store’s negligence, a Boston personal injury lawyer can help you determine how to proceed.
Who is Liable?
Patrons of retail stores and other businesses open to the public have legal rights protecting them from harm. When a patron or guest is injured, property owners can be liable under the theory of premises liability. In many cases, the property owner and business owner are two different parties. Because there may be multiple parties involved, determining liability can be a complex process. The property owner may be entirely off the hook if the injury was a result of negligence on the part of the business itself, or its employees. In some situations, all three are liable. And if an outside vendor was involved, things can become even more complicated.
When negligence – whether on the part of the property owner, business owner, employees or outside vendor, or any combination thereof – results in a patrons death, the family may bring a wrongful death lawsuit against the responsible parties. A MA wrongful death attorney can help you recover damages if you have lost a loved one due to another’s negligence.
Premises Liability in MA
If a property owner owes you a legal duty of care and breaches that duty, you may be able to recover compensation for any injury or damage that results. That being said, whether you are entitled to compensation – and the level of that compensation – will be dependent on multiple factors. Why you were on the property is one of the most important factors.
- Customers and others invited onto a property for the purpose of doing business are classified as invitees under MA law. Invitees are owed the highest duty of care.
- Under MA law, friends and others who are invited onto a property for the purpose of a casual visit are classified as licensees. The duty of care owed to them is intermediate.
- Trespassers are, of course, owed the lowest duty of care.
Altman & Altman, LLP – Boston’s Premier Personal Injury Law Firm
If you have been injured due to another’s negligence, the skilled legal team at Altman & Altman, LLP can help. We have been protecting the rights of accident and injury victims for more than 50 years. Our experienced, knowledgeable attorneys have an impressive track record of obtaining compensation for our clients, and we want to help you. If you or a loved one has been harmed, you may be entitled to compensation for medical expenses, pain and suffering and lost wages. Don’t go through this difficult time alone. We will ensure that you fully understand your rights and options, and we’ll be with you throughout the entire process. Contact Altman & Altman, LLP today for a free and confidential consultation about your case.