Grocery Store Accident Lawyers | Slip, Trip, and Falls
The Best Premises Liability Accident Law Firm
I WAS HURT WHILE SHOPPING. CAN I SEEK LEGAL REMEDIES?
Let’s pretend you’re in the supermarket home from work. You’re on the phone with your better half when suddenly you find yourself lying on your back under the harsh halogen lights with your eyes wide open.
A sharp pain starts in your back and stays with you even after the discomfort has subsided. Who, then, is to blame? When shopping, what are your legal protections in the event of an injury?
It doesn’t matter how you were hurt—a slip and fall in a store, a car accident, a dog bite—you’ll want to keep a few things in mind.
AFTER SUFFERING AN INJURY, WHAT STEPS SHOULD I TAKE?
The very first thing you must do is make up your mind about going to court. Your curiosity about the issue suggests you have given this some thought if you are looking for an answer.
I’m unsure if I want to ask for money from the company. It’s kind of you to adopt this approach. It’s fairly uncommon for people to file personal injury lawsuits for no other reason than to exercise their legal right to do so, even if they may not need the money to pay for necessary medical care related to their injuries. It wouldn’t hurt to reach out to the property manager and see if you can come to an amicable arrangement if you’re having trouble.
I am requesting payment from the company because Groups get extensive knowledge and expertise in the legal field. There’s no way for them to expand and become a thriving business if they’re constantly spending all their earnings on legal fees. In light of this, you should prepare for a protracted legal struggle and have a solid defence to back up your injury claim.
Your claim may be invalidated for several reasons, including the existence of a explicit or implicit warning about the possibility that you might be harmed. After being told of the potential for harm, if you still choose to participate in the activity, you are assuming the risk and, in effect, giving up your tort legal rights.
It is possible to file a claim for breach of “duty to warn” if they failed to provide enough warning of a hazard they should have known about, such as a wet floor without a “Wet Floor” sign.
Combined with the plethora of potential outcomes, the elements above make for a murky picture. Speaking with a seasoned premises liability attorney is the best approach to learning about your legal options following a store accident.
NO FEE UNLESS WE WIN
I’VE BEEN HURT, BUT I CAN FILE A LAWSUIT FOR WHAT KINDS OF SITUATIONS?
There is no hard and fast rule about what kinds of injuries must be experienced to win a personal injury case involving a slip and fall. Still, the following are some of the most typical types of damages awarded:
- You slipped and fell because of the unsafe conditions, such as a wet floor, a high stair, an uneven path, or any other similar hazard.
- Accidents Caused by Unwarned Defects in Furniture, Appliances, etc. Take the scenario where you are in a store, and you go to get an item off the shelf, and the shelf suddenly collapses on top of you.
Dog Bites: If you were visiting a property and a dog bit you, you would be covered.
- Assaults and rapes could have been avoided had the homeowner implemented adequate safety precautions.
- Accidents in swimming pools, such as when someone suffers an injury—for example, due to the pool’s jagged floor and the owner’s failure to assess the area for potential dangers.
- Accidents on rides and attractions at amusement parks, including serious injuries and fatalities. Don’t assume you’ve lost all your legal options just because they posted a warning or caution sign; you might have a case even if you ignored it.
Accidents involving elevators or escalators may involve a two-pronged case of liability, with the building owner and the elevator manufacturer each potentially culpable.
REGARDLESS OF WHETHER YOU ARE INVITED, HAVE BEEN GRANTED PERMISSION, OR ARE INVITED TO TRESPASS.
Don’t think that because it happened in a store doesn’t happen somewhere else. The victim is given a specific designation while on the grounds, which is part of a fairly intricate system. When you are on the property of another person, you will be categorized as:
An invitee is a third party who has been passively granted access to a facility for business purposes. This can be as simple as going to the mall to pick up a new t-shirt or as complex as providing manual labour at someone’s home in exchange for money (like mowing the lawn).
Because the store owner anticipates and welcomes consumers from the general public, you are considered an invitee if you choose to enter. Most premises liability cases involve businesses being held liable for customer harm caused by hazards they either knew about or should have known about with reasonable inspection efforts.
A licensee is a visitor who isn’t interested in receiving or providing services on behalf of a business, such as someone who is just hanging out at a friend’s house or visiting a dog park. Since a licensee is typically a visitor at a friend’s house or in a public space that doesn’t cost anything, the bar is set relatively low. Licensees can only hold landowners responsible for harm if the landowner had prior knowledge of the risk and failed to notify the licensee.
A trespasser, on the other hand, is someone who enters private property without permission. Even if the property owner knows of the trespassers’ presence, they cannot intentionally withhold information from them or damage them by traps or physical attacks (unless in self-defence).
IS THERE ANY CHANCE OF MY ECONOMIC RECOVERY?
Suppose you’ve been hurt on someone else’s property and have to get treated for it, whether that means surgery, medication, or something else entirely. In that case, you’ll likely rack up a hefty medical expense.
You should get ready for the long haul of a case before even thinking about beginning it. Since major corporations take major measures to defend themselves in court with signage, waivers, etc., you will need a lot of proof to win instances like this. In the event of a favourable verdict or settlement, the money you get can be put toward items like:
Medical costs include any expenses directly related to treating the injuries.
A person can accrue lost wages during a period when they are unable to work. This may occur if you are hospitalized or just don’t feel well enough to go to work. You can receive compensation for future wages you won’t be able to earn because of injuries that prevent you from continuing your job, providing you time to pursue alternative employment.
Pain and Suffering: You may be entitled to financial compensation for the mental and/or emotional distress you had due to the accident. How this is compensated varies from person to person and is typically decided by a jury.
A claim for wrongful death may be filed if a family member passes away because of an accident on someone else’s property. Lost wages, medical expenses, funeral costs, and pain and suffering are all things that could be reimbursed in the event of a fatal accident.
FOR PREMISES LIABILITY LAWSUITS IN THE COLORADO SPRINGS & DENVER AREA, CONTACT OUR LAWYERS NOW
The main office of Warrior Personal Injury Lawyers is in Colorado Springs, where we fight for victims’ rights in premises liability matters. When inviting guests to one’s home, the host must ensure that the location is suitable for the level of activity that will be taking place.
Inexcusable for a professional outfit to mop the floors and then forget to put up a “Wet Floor” sign. A friend would be unjustifiable if they didn’t warn you about the broken chair before sitting in it.
We know accidents happen, but if the persons responsible for your injuries refuse to help you, you may need an experienced ally to handle difficult situations. Contact the Warrior Personal Injury Lawyers immediately for a free consultation and case review if you or a loved one has been harmed on someone else’s property due to their carelessness or lack of care. It’s possible that you can get the money you’re owed. You can reach us at 719-300-1100, or you can reach us online.
STAYING ON YOUR PROPERTY IS A CASE OF LIABILITY AND A FALL-DOWN INCIDENT (HOW TO PROVE A CASE)
The specifics of how and why you were injured are crucial in a personal injury lawsuit seeking compensation after a fall. Just because you took a tumble and hurt yourself doesn’t mean you should get money to cover your medical bills and other losses.
You’ll need specifics about what transpired to establish that a negligent party owes you compensation.
THERE IS A HIGH RISK OF SERIOUS INJURY DUE TO THE PROPERTY OWNER’S NEGLIGENCE.
There are many potential scenarios in which a person could sustain injuries from a slip and fall and, as a result, file a personal injury case.
When you enter someone else’s land, whether as a personal or corporate licensee, they have a responsibility to make sure you’re not in danger, even an uninvited licensee is entitled to some level of consideration from businesses.
If a person has not exercised due care, they may be held liable in a civil case if a dangerous condition exists.
CASES THAT INCREASE THE LIKELIHOOD OF SLIPPING
Suppose, for the sake of argument, that you are a shopper at a real store. The instant you pull into their parking lot, you are potentially subject to their liability. Several potential flashpoints in their establishment could lead to your downfall. Consider the following examples of business liability:
You fall in the parking lot or on the sidewalk in front of the store due to poor ground quality.
It is not safe to walk on freshly cleaned or flooded flooring.
As you walk through the supermarket, you stumble because an item obstructs an aisle.
Too much stuff is lying around the office or in the general spaces.
After a storm, the parking lot or sidewalk in front of the store was not cleared.
WHAT A HOMEOWNER OR BUSINESS OWNER IS RESPONSIBLE FOR DOING ON THEIR PROPERTY
A person’s duty of care to you does not end just because you are on their private property. First, they are responsible for maintaining a safe and usable walkway in front of their property.
They are legally responsible for keeping their sidewalks clear of snow and ice so that pedestrians are not injured. As homeowners, they must maintain the sidewalk in front of their property.
They would be held responsible if an accident caused by their negligence while you were on their property. This means you may be on their sidewalk, porch, or even inside their home if you were to trip and fall. If they invite you into their home, they are responsible for making sure it is safe for you to visit.
ESTABLISHING THAT THE PROPERTY OWNER OR MANAGER IS LIABLE FOR THE SLIP-AND-FALL ACCIDENT
A fall on someone else’s property does not automatically make that person responsible for your injuries. This means that you can’t just point to the fact that you fell and assume that you’re entitled to financial compensation.
You must establish the other party’s negligence to collect on any insurance settlement or win a personal injury lawsuit. Four elements must be established to win a negligence case:
The duty of care required the defendant to avoid causing harm to the plaintiff.
The duty of care was broken because the defendant failed to behave as a reasonably careful property owner would have in fixing the risky situation.
The plaintiff sustained injuries.
The plaintiff was injured, and the defendant’s actions or inactions were the primary reason for it.
FACTORS TO THINK ABOUT WHEN FILING A SLIP AND FALL INSURANCE CLAIM
An individual’s negligence is not automatically presumed in a slip-and-fall lawsuit. Under the reasonable person standard, the plaintiff must establish every element of their case beyond a reasonable doubt.
Whether or not the defendant’s actions were reasonable is a significant factor in your slip-and-fall lawsuit. Responsibility under the law is determined by applying a “reasonableness criterion” based on what a “reasonable” property owner would do in an identical situation. I’ll give you a few instances:
Given the temporary nature of the hazardous conditions, a claim that the plaintiff slipped on ice just as it started snowing would be acceptable. That is to say, the property owner does not have to immediately remedy a hazardous situation.
As unfortunate as it may be, some property conditions simply cannot be changed. A property may, for instance, feature a hazardous region due to a naturally occurring hazard. The issue here is whether or not the landowner forbade entry to the area or provided adequate notice of the risk to those on the property. It may not be possible to prevent all danger. The problem is primarily with the owner’s response to the threat after they were aware of it.
Someone with common sense would perform safety inspections on their property regularly. For instance, a shopkeeper might send staff members on rounds to ensure the floors are dry and that clients can move about the store without encountering any obstacles.
INJURIES SUSTAINED IN A TYPICAL FALL INCIDENT
Cases involving injuries sustained from falls are often dismissed as “typical” accidents. However, many of these injuries are severe and can result in emergency room visits and medical bills. The following are examples of possible injuries:
Damage to the spinal cord
Breaking your hip
An Accidental Concussion
It’s possible that someone who slips might not have a valid personal injury claim.
The injured party may also have to prove that the plaintiff was not to blame for their harm. Every personal injury case uses the same comparative negligence standard utilized in auto accident cases. Some actions by plaintiffs that may prevent them from receiving compensation for their injuries are listed below.
If you’re in a store and you start running through the aisles, you can trip over something and get hurt.
- People greatly increase their risk of harm by wandering off the main path on private land.
- You slipped because you were distracted by your phone.
- It’s possible to be negligent just by failing to use common sense.
The burden of proof shifts to the defendant in these situations, who must show that the plaintiff’s actions caused or significantly exacerbated their injuries. The Colorado comparative negligence rule states that a plaintiff can seek compensation for their injuries if they were less than 50% at fault in an accident.
WHAT INFORMATION MUST YOU PROVIDE YOUR INJURY ATTORNEY TO PROSECUTE YOUR INSURANCE CLAIM OR LEGAL MATTER
The most critical thing you can do to protect your potential slip-and-fall injury claim is to take photographs of the accident site. Although taking pictures at the scene of an accident is probably the last thing on your mind if you’ve been hurt, it’s important to do so as soon as possible after the incident occurred.
Determine the most efficient means of locating potential witnesses and conversing with them.
You, the plaintiff, have the burden of establishing that the property owner’s carelessness caused your slip-and-fall injuries. That’s why it’s important to retain the services of a law company specializing in personal injury cases.
Your attorney can use premises liability legislation to assist you in receiving compensation for your injuries, lost wages, and other losses related to the accident. Get a free consultation with a personal injury lawyer at Warrior Personal Injury Lawyers, LLC.
WHEN A CUSTOMER GETS HURT, CAN THE GROCERY STORE BE HELD RESPONSIBLE?
Slip and fall incidents are the leading cause of customer injury in supermarkets. Produce and other items that have fallen from the shelves of a grocery store are common sources of these mishaps. Additionally, the consumer runs the risk of being hurt by unsupervised hand trucks or ladders and slipping on damp floors.
An injured consumer might seek compensation from the grocery shop if the injury occurred on the store’s premises. The shop, though, might not necessarily be at blame. An injured client may find it difficult to argue that a grocery shop is liable when a damp floor or other dangerous condition is visible to other customers.
Wet floor warning signs are a common precaution supermarkets take to alert shoppers to areas they should avoid.
While the responsibility of grocery stores for consumer injuries varies by state, there are a few broad factors to keep in mind. You will need to show that the supermarket was careless for you to win a liability case against it. In the context of the law, negligence is defined as a failure to exercise proper care that results in the injury of another person. You’ll need proof of the following to establish negligence:
- The property owner owed you a duty to protect or warn you;
- The owner failed this duty; and
- You were injured as a result of the owner’s breach of duty.
WHAT RESPONSIBILITIES DO GROCERY STORES HAVE?
As was previously noted, grocery shop owners and managers must ensure the safety of their customers. The legal phrase for this type of obligation is “duty of care.”
Grocery retailers owe their customers a reasonable duty of care to keep the premises free from hazards. Market owners have a responsibility to ensure the safety of their customers by doing things like cleaning up spills and broken glass and keeping security guards on duty in case any customers become aggressive.
A more concrete illustration would be the spillage and subsequent brokenness of an olive oil bottle in a supermarket. Store staff are responsible for cleaning up any broken glass, mop up any oil that has been spilt, and notify customers about the potentially hazardous conditions by posting appropriate warning signs, such as “wet floor” signs. If a worker at a grocery shop does not take these precautions, the store’s owner or operator may be held responsible by an injured consumer for breach of a duty of reasonable care.
Suppose the grocery store’s staff were not given adequate training to ensure the safety and cleanliness of the business, as required by their duty of care. In that case, the grocery store might also be held accountable for any injuries sustained by a customer.
A GROCERY STORE? CAN I SUE THEM FOR MY INJURIES?
You may be able to seek monetary compensation in a civil court for injuries sustained at a supermarket. Personal injury claims are the most common type of litigation filed when an accident on someone else’s property causes injury.
In a personal injury lawsuit, the sufferer may seek monetary compensation, known as “compensatory damages.” Damages in this category might assist in compensating you for things like medical expenses and missed wages caused by your injury.
The owner of a grocery store may be deemed liable if an injured customer can prove that the store’s slick floor was either intentionally produced by the store’s management or that the manager knew about the problem but did nothing to remedy it. The injured party in a personal injury suit must prove that the supermarket was negligent.
It is possible that the grocery store was negligent if any of the following conditions were met:
- The same dangerous condition caused an accident at the store before.
- The store’s employees knew about the dangerous condition but did not fix it or exercise their duty of care.
- The dangerous condition existed for an extended period before being resolved.
WHAT SHOULD YOU DO IF YOU SLIP AND FALL IN A GROCERY STORE?
As the accident victim, you will need to provide evidence of several things to show that the supermarket’s actions amounted to negligence. You’ll have to provide evidence that their carelessness played a significant role in bringing about your injury. You may demonstrate, for instance, that the supermarket should have mopped off a slippery floor or posted warnings about the danger.
To add insult to injury, you’ll have to prove that the collision was the root of your pain. The defendant may dispute whether your injuries occurred before or after the collision. So, it’s important to get checked out by a doctor right away after the incident.
If a doctor accurately diagnoses your injuries, you may have a stronger case. Similarly, if you or your belongings experience any harm, you should consider photographing the scene in great detail.
You must also submit proof of the monetary expenses incurred due to your injuries and losses. This evidence will determine the amount of money you are owed as compensation. Medical bills, long-term treatment plans, repair estimates, and documented documentation of your inability to work due to the grocery store’s irresponsibility are all such documentation.
WHAT SECURITY MEASURES DOES A SUPERMARKET HAVE IN PLACE?
When a customer gets hurt at a supermarket, the store’s proprietors might raise several defences. Common defences include:
- The alleged dangerous condition never existed (store surveillance video may be needed to prove this).
- Store employees were unaware of, or could not have known,
- The dangerous condition due to its location.
- Reasonable steps were taken to protect customers from injury.
- The dangerous condition was obvious,
- The injured customer could have avoided it.
- The dangerous condition did not actuate any legal duty on the part of the store.
If a consumer intentionally causes a spill but slips and falls in it, they may be liable for any injuries they sustain. They were hurt in the supermarket, but they brought it on themselves. They could not have expected the grocery shop to warn them of the danger, even if they hadn’t intended to get hurt; after all, they were the ones who caused it and were hurt immediately.
WOULD IT BE A GOOD IDEA TO GET A LAWYER IF I WAS INJURED IN A SUPERMARKET?
It is up to you to show the court that the grocery store was irresponsible in receiving compensation for injuries sustained there. Suppose you’ve been injured in an accident. In that case, you should consult with an experienced personal injury attorney who can evaluate your claim, argue on your behalf in court, and work to get you the compensation you deserve.
SHOULD I HIRE A PREMISES LIABILITY ATTORNEY IF I WAS INJURED AT A SUPERMARKET?
Colorado grocery stores go above and above to ensure their customers’ comfort and safety. To make sure there aren’t any hidden dangers within the organization, it undergoes routine inspections. Still, accidents do often happen in supermarkets despite these measures. This is because of the extremely high foot traffic, the specifics of the goods, and the merchandising techniques employed. The following factors often contribute to accidents at grocery stores:
- Wet floors brought on by leaky refrigerator cases, produce sprays without the required floor mats, water (from rain or mopping), or liquid spills from leaking or broken product containers.
- Discarded items lying in the aisles – Overstocking merchandise, leaving products on the floor while stocking shelves, items falling off shelves, and dropped or tipped overproduce all present hazards.
- During peak shopping, employees often push or pull big pallets of items through the store. These could fall on a customer, sending them tumbling, or hit the shelves and displays, breaking or damaging them.
- Potholes and cracked, elevated, or buckled pavement are all signs of pavement damage. Both low lighting at night and shopping carts can make it difficult to see. Hole visibility is reduced as rainwater fills them.
- Doors that don’t close properly, shopping carts that aren’t in good shape, and railings that aren’t securely fastened are all examples of equipment that could cause an accident.
- When it comes to cases of food poisoning caused by perishable items, proof can be hard to come by unless the item in question is preserved, tested, and matched to the bacterial strain found in the afflicted individual or unless there were other cases involving the same product at the same time.
WHAT TO DO IN CASE OF A SUPERMARKET INJURY
Store injuries typically occur due to customers slipping, stumbling, and falling. The adrenal response to falling in public is to get up and go as soon as possible. Doing this would be a terrible mistake. To begin, the adrenaline could mask the discomfort of a severe injury. The store manager will come to you if you wait. He’ll take down your details and file a report. Seek out, potential eyewitnesses. Eventually, someone will speak out and explain they, too, nearly fell in the same spot. Many people won’t want to become involved, but strangers are ideal witnesses because they can’t be biased. Take pictures of the fall from different perspectives if you have a cell phone.
Have the management dial 911, or dial it yourself, if you think your injury is significant. If your injuries are minor and you can get to a doctor without calling 911, don’t. If you required an EMS response during an emergency, you could be held financially accountable for the bill. Both the emergency medical services (EMS) and the hospital will keep records of your accident and injuries. Do not make a statement to the grocery store’s insurance provider. Despite what they may tell you, you are under no legal obligation to provide a statement. They are not coming to see you in the hospital because they want to assist you. That recorded statement could destroy a claim you might have.
On July 1, 2010, the legislation changed, making it harder to prove liability in a case involving an accident involving a customer falling in a supermarket.
According to Colorado Statute 768.0755, a business invitee (customer) must prove that the business had actual or constructive knowledge that the hazardous condition existed, and remediation should have been applied to hold the business liable for injuries caused by temporary foreign substances on the premises.
Circumstantial evidence may be used to prove constructive knowledge if it demonstrates either
(1) the condition was present for an extended period, in which case the company should have known of its existence through the exercise of ordinary care,
(2) the condition was recurring and, therefore, foreseeable.
No one working in the store would have known if a customer dropped a wet lettuce leaf on the floor and the next shopper to pass by slipped and fell because of it; thus, the store would not be liable.
However, the company assumes responsibility if the produce manager was aware of the problem and did nothing to rectify the situation, even while the fruit was continuously trodden upon. If it was common knowledge that refrigerators leaked water and the leaks were being incorrectly patched, then the problem should have been handled by trained professionals.
It is not the shop’s responsibility to ensure its customers’ safety, and the maker of the faulty machine may be held liable if a customer is injured due to a spill.
Any commercial establishment owes its customers and employees to keep the premises safe and to post appropriate warnings, such as “wet floor” signs, where necessary. Management must conduct inspections and follow up on reports of unsafe working conditions to get knowledge of any potential dangers.
We have heard the dreaded “Maintenance to aisle three with a mop” call. Litigation risk exists if management fails to follow up on maintenance requests and the service provider does not reply within an acceptable time frame.
IN-DEPTH ANALYSIS OF YOUR CASE
Mild injuries, such as those to soft tissue, might result from a slip and fall in the grocery store or anywhere else, just as easily as severe ones, such as those to the brain, spine, or other bones. A wide range of factors can affect your case’s worth, including the kind and extent of your injuries, the doctors you and the other party choose to treat you, any preexisting conditions you may have, your age, your income, and your marital status.
This is why you need to hire a premises liability attorney with the expertise to determine how much your case is worth. You can seek compensation for past and future medical bills, missed wages, and emotional distress. If required, the supermarket injury lawyer can take on the insurance companies and powerful law firms that defend Colorado’s major supermarket corporations and win.
That firm is called Warrior Personal Injury Lawyers. We have successfully sued and obtained huge settlements from major retailers for our customers. Suppose you were hurt while shopping, please contact us right once. Your first consultation will not cost you anything.
WHAT DO I NEED TO KNOW ABOUT INJURIES SUSTAINED WHILE SHOPPING?
The carelessness of a grocery store’s management could completely alter the course of your life after something as innocuous as a shopping trip. Unfortunately, many victims minimize their injuries because they are ashamed or unsure what to do.
That, however, ought not to be the case. Here’s all you need to know if you’re ever hurt at a supermarket because of someone else’s carelessness.
TYPICAL INJURIES SUSTAINED IN A SUPERMARKET
Injuries sustained in a supermarket can be highly context-dependent. A few of the most typical are listed here.
FORGET YOUR FOOTING AND FALL DOWN
Common injuries sustained in a slip-and-fall mishap at the supermarket include concussions, shattered bones, and even death. This is primarily because grocery stores are notorious for spills, leading to dangerous slipping conditions. Potential sources of the mess include spoiled food, broken freezers, careless cleaning tools, etc.
Store management must either remedy the unsafe situation or post warnings in a visible location to safeguard its consumers.
Some supermarkets include rubber or plastic floor mats to absorb moisture from spills and keep customers safe. However, when mats are laid incorrectly, they can become even more tripping dangerously if their edges fold or bunch up.
People who slip and fall in a grocery store have legal recourse if:
- The store’s management ignored complaints about the spill for an unreasonable period.
- No warning was given about the spill.
- The store’s management issued a warning about the spill but did nothing to address it.
Injuries from tripping over improperly positioned things in a grocery shop are a real possibility. As a result, the victim can file a personal injury claim against the supermarket.
If the store management, for example, places boxes in a hazardous manner, one of those boxes could fall on a customer, inflicting significant injury. Personal injury lawsuits should be filed for these and similar slip-and-fall incidents at grocery stores.
ACCIDENTAL INJURIES CAUSED BY EQUIPMENT
Some supermarkets utilize forklifts to move boxes around and restock shelves even when people are present. Both the shoppers and the staff at the store are put in danger by this action.
The business manager could be held liable if, for instance, a customer is injured in the store because of the carelessness of the person running the heavy machinery or because merchandise that was not properly displayed fell on them.
GETTING HURT WHILE SHOPPING
If you were hurt in a store while using a shopping cart because it wasn’t properly maintained, you could file a lawsuit against the store’s management for damages.
The Proper Course of Action in the Event of a Grocery Store Accident
Suppose you get hurt while shopping; taking detailed notes is best. Gathering evidence strengthens your case against the store’s management, which may be held responsible for your injuries.
Learn here how to properly report an accident that occurred at a supermarket.
DOCUMENT THE OCCURRENCE WITH PHOTOGRAPHS AND/OR FILM.
Get images taken as soon as you can following the incident. If you were injured because of someone else’s negligence, such as when they left the floor wet, slipped, and fell, you should document the scene with photographs.
Take a video of the area to show that the store did not install any hazard warnings if there were no signs alerting people to the danger.
But let’s say you cannot record videos or take pictures immediately. If you prefer that someone else handle it, you can always have a store staff member compile a report detailing what happened.
COLLECT INFORMATION FROM SHOP EMPLOYEES AND OTHER POTENTIAL EYEWITNESSES
Remember the name and position of the retail store employee who assisted you. If you can’t get their phone number or email address, at least jot down their name and any distinguishing features you can think of. Your lawyer may get in touch with them as part of their inquiry.
It is crucial to gather witness information, as your lawyer may need to call upon their testimony in court. In addition, the attorney can get in touch with relevant witnesses and grill them with information.
REPORT THIS TO THE STORE’S MANAGEMENT
Notify the store’s management as soon as possible if they are unaware of the incident. The manager should give you a copy of the accident report. Make sure to tell your injury lawyer straight away if they refuse to give you a copy of the accident report.
COLLECT VIDEO FROM SECURITY CAMERAS
Surveillance cameras can be found in nearly every corner of modern supermarkets. The management of the grocery store should be cooperative if you want to see the store’s surveillance tape.
You could win your case with the help of video evidence. However, if the manager refuses to release your evidence from the security camera, you should inform your premises liability attorney.
If this is the case, the attorney can serve a spoliation letter on the store’s management. The letter alerts the addressee of a potential claim or lawsuit and explains that they must keep any evidence of the accident safe, even if they can do otherwise.
DON’T GIVE ANY DETAILS ABOUT YOUR HEALTH.
Find out how bad your wounds are and start writing down what happened immediately. For instance, if a worker at the grocery store approaches you soon after the incident, you shouldn’t give them a false assurance that you’re fine.
Second, don’t try to justify or absolve your actions. Be mindful that everything you say could be used against you in court.
The store can use your statements to dispute your injury claim if you decide to sue them later.
Because of this, you shouldn’t comment on your health just after the accident. Instead, get medical help immediately and let the treating doctor assess the extent of your injuries.
NEVER GIVE AN INSURANCE COMPANY AN INTERVIEW
The management of the supermarket store will likely notify their insurer after learning of your situation. The insurance company’s assigned claims investigator may contact you by phone to obtain a recorded statement.
Don’t give the insurance company investigator any more information than is necessary. Instead, advise them to contact your lawyer with any questions or concerns related to the claim your lawyer will be handling on your behalf.
The insurance company could use your own words against you if you give a recorded statement and they decide to deny your claim. Because of the intricacy and uniqueness of personal injury law, it is wise to have a competent premises liability lawyer handle your case.
Also, consult your attorney before signing anything that the store’s management or an insurance company representative hands you after an accident.
CONTRARY TO POPULAR BELIEF, YOU SHOULD NOT ACCEPT ANY SETTLEMENT OFFER
If the grocery store’s insurers send an investigator to look into your claim, they’ll do so to see if they have a solid case.
If they determine that you have a solid case, they may make you a rapid settlement offer. Avoid signing or accepting any agreement before discussing the matter with an experienced personal injury lawyer. This is because the insurance company’s initial offer may be significantly lower than the actual worth of your claim.
The matter will be closed once you accept the settlement offer. Therefore, you cannot reopen the litigation for the same accident even if you discover afterwards that the offer was grossly inadequate.
GET SOME HELP FROM THE DOCTORS
If you’ve been harmed badly and can’t make notes, get medical help first. For instance, a customer may ask a store employee to dial 911 for them if they are in excruciating agony.
Warning: even if an injury seems minor, you should always get it checked out. You might, for instance, fall and think you’re fine, even though you scraped your knee.
Eventually, you may feel discomfort in other areas of your body, but by then, it may be too late to record what happened.
This is why it’s important to keep track of what happened, even if you don’t think your injury is serious. This is because the symptoms of some injuries may not present themselves until several hours or days after the incident.
It’s natural to want to leave the scene of a slip-and-fall mishap to spare yourself any further embarrassment. But if you do that, the grocery store will have an excuse to avoid responsibility and a legal advantage if you sue them.
TALK TO A LAWYER ABOUT YOUR ACCIDENT
If you were hurt at a supermarket and want to sue the business, you’ll have to show that the management was aware of the danger. It could be challenging to argue that the store is responsible if, for instance, you fell because another customer spilt a drink on the floor.
A wet floor sign or cleanup of the spill would be expected if multiple customers had alerted store management to the problem. It would be considerably simpler to hold the shop liable in this scenario, given that management was aware of the danger yet chose to do nothing about it.
Even if you think your premises liability case is a long shot, a competent personal injury attorney can help you win in court. A situation where the victim of an accident cannot determine who was at fault.
Contacting the personal injury lawyers at Warrior Personal Injury Law Firm, for instance, will result in:
- A free examination of your case.
- Get proof to write down what happened.
- Determine who is responsible for your injuries and file a claim.
- First, you need to determine how much your injury is worth.
- Let you focus on getting better while we handle all communication
- case management with the other parties and all other aspects of your case.
VALUE OF A PERSONAL INJURY CLAIM AND HOW IT IS DETERMINED
Recently, there have been incidents in which people who have been injured in grocery store accidents have accepted lowball settlement offers without fully comprehending the value of their case. Warrior Personal Injury Law Firm will fight for you to receive full compensation for your harm from the accident because we don’t want you to have to go through what we did.
You may be eligible for financial compensation for the following losses in addition to medical bills:
- Compensation for lost wages
- Life satisfaction is lower.
- Injury and distress were sustained as a result of the mishap.
- Extreme distress on a mental or emotional level.
- Accident-related loss of potential income in the future.
Remember that the insurance company will do everything possible to minimize your payout. They may try to cast doubt on your injury claims by saying your injuries aren’t as severe as you’ve made them.
Therefore, if you are still experiencing discomfort, it is highly recommended that you follow your doctor’s orders and show up for all scheduled appointments. There is no need to reschedule any of your other post-accident obligations, such as therapy or counselling sessions.
Finally, save all documentation of costs incurred due to the accident, including bills and receipts for medical care and any other costs paid out of pocket. These documents and your treatment history will strengthen your case against the person or entity responsible for your injuries.
INVOLVED IN A PREMISES LIABILITY CASE? WHY NOT CONSULT A LAWYER FROM WARRIOR PERSONAL INJURY LAW FIRM?
We all know that Warrior Personal Injury Law Firm isn’t the only personal injury law practice in America but is the largest and most successful one. In addition, as a firm that concentrates on personal injury cases, we have an abundance of personnel and material resources at our disposal to ensure your success in court.
We have over 800 lawyers in offices across the United States who focus on cases involving personal injuries, such as car accidents, dog bites, medical malpractice, and wrongful death.
As such, we are not like every other personal injury legal company; rather, we are experts in every facet of personal injury law.
Here, though, is the most crucial contact information: 719-300-1100. We offer free consultations by phone or email, and we promise to respond to you within 24 hours.
FREE CASE REVIEW
We are standing by ready, willing, and able to help you. You can schedule a free consultation here on our website, or give us a call and talk to us. Whatever you prefer, we will accomodate you!