Woman Allegedly Injured in a Store Files Premises Liability Claim

For business and property owners, the best ways to prevent accidents from happening involve maintaining properties and removing potential hazards. Things such as poor lighting, unattended items left in aisles, and slick floors are accidents waiting to happen that could cause injury to customers. According to laws in Hawaii, property and business owners may be held liable when hazardous conditions cause injuries to visitors.

A quick stop at a big‑box home‑improvement store ended in a hospital visit for one shopper. The woman, now a plaintiff in a new lawsuit, says a heavy steel platform cart was left in the middle of an aisle with no warning cones or a store employee nearby. She tripped, fell, and suffered physical injuries. Her injury claim argues that the store breached its duty to keep customers safe and should be held liable for her medical bills, lost wages, and other financial losses.

While this incident happened on the mainland, it mirrors problems in retail stores across Hawaii. State law lets an injured customer sue when a property owner fails to use reasonable care to fix or warn about a dangerous condition. Understanding how these cases work can help both shoppers, businesses and property owners avoid the next fall accident.

The Legal Duty to Maintain Safe Premises in Hawaii

Hawaii follows a “duty of care” rule: owners must keep their premises in a condition that will not harm visitors who are using the property in an ordinary way. Courts look at whether the defendant knew—or should have known—about a hazard and failed to act. If so, the owner can face premises liability claims for any serious injuries that result.

Unlike some states, Hawaii focuses on the hazard, not the visitor’s label as invitee or licensee. A store that leaves a spill on the floor or a cart blocking an aisle may be liable even if another customer made the spill. The key question is whether the store owner took reasonable care to inspect and fix the danger or at least warn customers.

Retail Hazards That Lead to Slip‑and‑Fall Accidents

Every year, more than one million Americans go to emergency rooms after a slip and fall accident. Common trouble spots in stores include:

• Slick floors from spilled drinks, recent mopping, or rainwater at entrances
• Poor lighting in parking lots, stairwells, or stock aisles
• Unattended items such as boxes, ladders, or platform carts—like the one that allegedly injured the woman
• Torn or uneven floor mats and cracked pavement
• Loose electrical cords or floor plates

Any of these can turn a normal shopping trip into a life‑changing incident.

How an Injured Party Proves a Premises Liability Claim

To win a premises liability suit, the injured party must show four elements:

1. Duty – The store owed a duty to keep the area reasonably safe.
2. Breach – The store failed to protect customers by letting the hazard exist.
3. Causation – The breach caused the injuries.
4. Damages – The person suffered losses such as medical care costs or time off work.

In the cart case, the woman claimed there was no safe way around the cart and no posted warnings. Photos, witness statements, security video, and maintenance logs often help prove these points.

Possible Compensation After a Store‑Related Injury

A successful liability claim can cover:

• Medical bills for emergency treatment, surgery, therapy, and future care
• Lost wages and reduced earning ability
• Out‑of‑pocket costs like travel to doctors
• Pain, suffering, and loss of enjoyment of life
• In rare cases, punitive damages may be awarded if the company shows reckless disregard for safety

The woman in the headline case seeks both compensatory and punitive damages, arguing the store’s conduct was more than mere carelessness.

Why Hazards Persist: Common Store‑Owner Missteps

Stores are busy places, but safety should never take a back seat to sales. Owners often get sued because they:

• Skip regular aisle inspections during peak hours
• Lack of clear policies for cleaning spills or moving stock
• Rely on understaffed crews, so hazards sit unchecked
• Fail to train workers to warn customers in plain language

Good policies, clear checklists, and prompt cleanup reduce potential hazards and legal exposure.

Practical Safety Steps for Business and Property Owners

Owners who want to avoid the courtroom should:

1. Inspect frequently – Walk the aisles every 30–60 minutes and log findings.
2. Fix fast – Remove tripping items or block the area until safe.
3. Post warnings – Bright, simple signs near wet floors or work zones.
4. Light well – Replace burned‑out bulbs indoors and in parking areas.
5. Train staff – Teach workers how to spot and report hazards right away.
6. Document – Keep maintenance and inspection records to help determine what happened if an accident occurs.

Steps Shoppers Should Take After a Fall

If you are allegedly injured in a store:

1. Report it to a store employee or manager immediately.
2. Document the scene with photos or video, including the hazard.
3. Gather names of witnesses and employees who saw the incident.
4. Seek medical care even if pain seems minor—some injuries appear later.
5. Keep receipts and track missed work for your injury claim.
6. Consult counsel to learn your rights before speaking with insurance adjusters.

Quick action helps preserve evidence and supports a fair compensation request.

Why These Cases Matter

Falls can cause fractures, head trauma, and other long‑term problems. About 5 percent of people who fall suffer a fracture. For older adults, a broken hip can mean a year or more of limited mobility and steep medical bills. When a property owner ignores apparent dangers, the law shifts the legal responsibility for those costs from the victim to the party who could have prevented the harm.

The Takeaway for Hawaii Businesses and Shoppers

For business and property owners: routine checks, clear warnings, and prompt cleanup are the cheapest insurance against lawsuits. For customers: stay alert, but know that if a store’s carelessness causes harm, Hawaii law gives you tools to seek relief.

The woman’s case against the home‑improvement giant sends a clear message: leaving a steel cart in a busy aisle is not just sloppy—it may be negligence. By learning from this event, island businesses can keep aisles clear, floors dry, and shoppers safe, turning potential court dates into repeat customer visits instead.

If you or someone you know has been injured in a store or on someone else’s property, don’t wait. Our personal injury lawyers in Honolulu at Recovery Law Center have helped many people across Hawaii pursue premises liability claims. We understand how a simple trip to the store can turn into months of pain, missed work, and mounting medical bills—and we’re here to help you get back on track. Schedule a consultation.