The Duty to Inspect
The business model of Family Dollar is substantially similar to other variety discount stores. They keep labor costs minimal and pack as much merchandise into a small space as possible. In California, retail merchandisers like Family Dollar have a legal duty to maintain a store in a reasonably safe condition and free from hazards that might injure customers. That duty includes periodic inspections of the premises for purposes of determining whether any hazardous conditions exist. If one is found, the public must be warned of it until such time as the condition is repaired or remedied. If there is a failure to warn of a hazard and a failure to repair or remedy it, liability could attach if a customer is injured by it.
Three Common Hazards
When a store is packed with racks and displays, aisles become mere pathways that can be difficult to walk through. That leads to tripping hazards. Damaged containers might also cause liquids to leak out and collect on floors. Those leaks lead to slipping hazards. Merchandise is also often stacked high above aisles, and when it falls, it can fall on customers’ heads and cause traumatic brain and spinal cord injuries.