Store and business owners must provide patrons with safe and secure business establishments. When safety measures are overlooked, slip and fall injuries and other types of injuries can occur. Under California law, "[A] person injured by another's tortious conduct is entitled to recover the reasonable value of medical care and services reasonably required and attributable to the tort." (Hanif v. Housing Authority of Yolo County (1988) 200 Cal.App.3d 635, 640, internal citations omitted.)
A person may also recover for all detriment caused whether it could have been anticipated or not. In accordance with the general rule, it is settled in this state that mental suffering constitutes an aggravation of damages when it naturally ensues from the act complained of, and in this connection mental suffering includes nervousness, grief, anxiety, worry, shock, humiliation and indignity as well as physical pain. (Crisci v. The Security Insurance Co. of New Haven, Connecticut (1967) 66 Cal.2d 425, 433 internal citations omitted.)
The California Supreme Court has stated: " 'Under the prevailing American rule, a tort victim suing for damages for permanent injuries is permitted to base his recovery "on his prospective earnings for the balance of his life expectancy at the time of his injury undiminished by any shortening of that expectancy as a result of the injury.' " (Fein v. Permanente Medical Group (1985) 38 Cal.3d 137, 153, internal citations omitted.)
Mr. Charles P. Charlton knows the types of accidents that occur in stores and retail establishments. Whether you have been injured in a retail store, grocery store or restaurant, Mr. Charlton can fully develop your premises liability claim, identify the negligent actions and hold the owner responsible for your injuries. Contact Mr. Charles P. Charlton for a consultation today.