Picture this — you’re out running some weekend errands and finally get to do some grocery shopping. You grab a cart and start checking items off of your list and are eager to get home and start cooking for your family. Suddenly, you slip and fall from a substantial-sized puddle on the floor and find yourself on the ground, injured and unable to walk.
Although grocery and/or retail stores are typically safe for shoppers, it’s not uncommon or unheard of for customers to obtain injuries while shopping. In fact, some of the most common injuries that occur are escalator/staircase mishaps, falling objects, and of course the most common, slips and falls. So what if this really does happen to you while you’re out shopping? Are you able to sue the store for negligence? What happens next?
Duty Of Care
All retail stores have an obligation and a responsibility called “Duty of Care”, which means they are to provide safe premises for all shoppers, browsers, invitees, workers, etc. When a store’s Duty of Care has not been met or is in violation they typically mean that either equipment or property has not been maintained, the staff is acting negligently, and/or the premise of the store is no longer safe for guests’ to visit. This negligence can result in damages and injuries, which the store would be held liable for.
So, you’ve gotten injured at a retail store and the solution seems pretty simple, right? You sue them for negligence and file a claim against the store and you get money — so you would think. These particular kinds of cases are a lot more complex and actually require more than you would expect, especially when it comes to providing proof. Since stores are obligated to uphold a Duty of Care and you happen to get injured while at their store, you are required to prove that the owner of the store was actually liable for your injuries.
The biggest thing you will be asked to prove is negligence. For example, Was there a dangerous environment/circumstance that led to your injuries, and what was it? Was the owner aware of the unsafe circumstances and failed to fix or correct them? Was there anything that you might have done that contributed to the injury, and are your injuries real and substantial?
In order for you to successfully prove your case, it’s important to save all documentation like police and medical reports and to take photos of the scene of the accident, along with photos of the injuries you obtained. If the owner of the store is found to be responsible for your injuries and was in fact deemed negligent, you could be entitled to receive the benefits that you deserve.
As we mentioned previously, these particular cases can be long and robust, especially while dealing with an injury. Insurance companies are tough to deal with, paperwork can get lost, and on top of it all, you are going through medical strain. That’s why it’s important to hire the right team of representatives to help guide you through the process.
Our personal injury attorneys are here to help right the wrongs in your life, due to the malice and negligence of others, and we will always fight to see justice served for you. To learn about how the attorneys at the Franco Law Firm can help you or someone you know find justice in a catastrophic injury case, please call us at (813) 872-0929 for a free consultation. Until next time!