Miami Retail Store Injury Lawyer

If you or a loved one suffered an injury while shopping in a retail store in Florida, you may be entitled to compensation. Retail store owners have a legal obligation to maintain a safe premises for their customers and to warn of any concealed dangers. When they fail to meet that duty, and someone is injured as a result, they may be held liable under Florida premises liability law.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we understand how overwhelming it can be to deal with medical bills, pain, and lost wages after a retail accident. Our experienced Miami personal injury attorneys are here to fight for you and ensure that negligent businesses are held accountable.

Common Types of Retail Store Accidents

Retail stores are bustling environments with many moving parts, from displays and shelving to escalators and shopping carts. Unfortunately, that also means they are full of potential hazards if not properly maintained. Common types of retail store accidents we handle include:

  • Slip and fall accidents on wet floors, recently waxed surfaces, or debris left in aisles
  • Trip and fall incidents from uneven flooring, cracked tiles, misplaced signage, or boxes and merchandise in walking paths
  • Falling merchandise injuries, often from poorly stacked or overstocked high shelves
  • Shopping cart and equipment accidents, especially in stores with faulty or unmaintained carts
  • Escalator or elevator malfunctions, common in multi-level department stores and malls
  • Injuries in parking lots, including potholes, poor lighting, lack of proper traffic controls, or inadequate security
  • Criminal attacks due to negligent security, such as lack of cameras, security personnel, or response procedures
  • Back and neck injuries from lifting heavy or improperly stored products
  • Door-related injuries, including automatic doors that close too quickly or malfunction

Liability in Retail Store Injury Claims

Under Florida premises liability law, retail property owners and occupiers owe a duty of care to customers (also known as invitees). That duty includes keeping the premises reasonably safe, warning of known dangers, and regularly inspecting for potential hazards.

Retailers can be held liable for injuries if:

  1. The hazardous condition existed long enough that the store should have known about it and fixed it,
  2. The store caused the dangerous condition, or
  3. The store had actual knowledge of the hazard and failed to act.

This is outlined under Florida Statute § 768.0755, which says that a business owner can be held liable if it can be proven they had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.

For example,  if you slipped on spilled soda at a grocery store and there’s surveillance footage showing the spill sat unattended for 20 minutes before your fall, that may support a claim under constructive notice.

We represent clients injured at large chain stores, department stores, and small businesses throughout Florida. Some of the most common locations for retail store injuries include:

Malls & Shopping Centers

  • Dolphin Mall
  • Brickell City Centre
  • Miami International Mall
  • Shops at Merrick Park
  • Aventura Mall
  • Bayside Marketplace
  • The Falls Shopping Center

National Chains

  • Walmart Supercenter
  • Target
  • Home Depot
  • Lowe’s
  • Best Buy
  • Publix
  • CVS
  • Walgreens
  • TJ Maxx
  • Marshalls
  • Ross Dress for Less
  • Costco
  • Sam’s Club
  • Whole Foods Market

These stores are often busy and heavily trafficked, which increases the risk of hazards if not properly maintained.

What To Do After a Retail Store Injury in Miami

If you’ve been injured in a retail store, your actions immediately after the incident can significantly affect your potential claim. Here’s what you should do:

  1. Report the incident to a manager or store supervisor. Ask them to create an incident report and request a copy.
  2. Take photos of the scene, including the hazard that caused your injury, any visible injuries, and the surrounding environment.
  3. Get contact information for any witnesses who saw what happened.
  4. Seek medical attention right away, even if you think your injuries are minor.
  5. Preserve physical evidence, such as the clothes or shoes you were wearing.
  6. Do not give a recorded statement to the store’s insurance company without first consulting an attorney.
  7. Contact a Miami personal injury lawyer experienced in retail injury cases.

Damages You Can Recover in a Retail Injury Case

If you were hurt due to a store’s negligence, you may be entitled to compensation for:

  • Medical bills (past and future)
  • Lost wages
  • Reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Permanent disability or disfigurement
  • Out-of-pocket expenses

In wrongful death cases, surviving family members may also recover damages under the Florida Wrongful Death Act, including funeral expenses, loss of companionship, and loss of financial support.

Proving Negligence in a Retail Injury Case

Retail store injury cases require evidence that the store owner or employees were negligent. Our legal team thoroughly investigates every case by:

  • Reviewing surveillance footage
  • Collecting witness statements
  • Analyzing store maintenance and inspection logs
  • Retaining expert witnesses when needed
  • Reconstructing the scene of the accident
  • Obtaining incident reports and 911 calls

We use this evidence to build a compelling case that proves the store’s negligence directly caused your injuries.

How Our Miami Retail Store Injury Lawyers Can Help

Flanagan & Bodenheimer offers personalized attention and aggressive advocacy. When you hire us, you get:

  • Direct access to experienced attorneys 
  • A law firm that only focuses on personal injury and wrongful death cases
  • A small caseload so we can give your case the attention it deserves
  • No fees unless we win – We cover all costs upfront and only get paid when you do
  • A proven record of holding major corporations and retail chains accountable

Most personal injury claims in Florida must be filed within two years from the date of the injury. Failing to file within this timeframe can result in losing your right to pursue compensation.

Free Consultation With a Miami Retail Injury Attorney Today

You don’t have to navigate the aftermath of a retail store injury alone. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are committed to protecting your rights and maximizing your recovery.

Call us today at (305) 638-4143 or fill out our secure online form for a free, no-obligation consultation. Let our experienced Miami injury lawyers explain your legal options and fight to hold negligent retail stores accountable.


Client Reviews

When faced with the repercussions of a personal injury, choosing the right lawyer for the work ahead is absolutely imperative. When this daunting task fell upon me following a motor vehicle accident, obtaining attorney Zachary Bodenheimer was the BEST decision...

Josh N.

Thank you all for your efforts, often in today's world, it seems everything is about money and people don't seem to care about others. I felt that this was not the case with you and I felt always that you had my best interests at heart and looked out for me...

A.S

Michael Flanagan and his team were so supportive while handling my case. What I appreciated the most about working with Michael was his honesty and his no nonsense approach at getting the very best for his clients. I'm so pleased with how my case was resolved...

Talia M.

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