Owners and managers of retails stores are expected to make sure that their premises are safe to use. They have premises liability insurance in the event that a customer has an accident while in their store and is injured. However, insurers are never keen to make compensation payments. If you are injured when visiting a store of any type, you must obtain evidence that the injury was not your fault and was caused by negligence on the part of the store management or an employee at the store. It can be a lengthy process claiming compensation, but if you have had to pay out considerable sums for medical treatment and have lost earnings, then it is definitely worth claiming. You are advised to discuss a possible claim with a personal injury lawyer before you submit your demand letter as the lawyer can advise you what to include with the claim.
Typical Retail Store Accident Scenarios
Most retail store accidents involve a customer slipping up or tripping over, then falling. The severity of the accident varies a lot, depending on where the accident took place, how unexpected it was and how quickly you react. Many slip, trip and fall accidents only cause embarrassment, some shock and a few cuts and bruises. More serious accidents result in broken bones, dislocated hips and shoulders, dental injuries, face, head, neck and back injuries. These sorts of accidents are sometimes the fault of the person who has the accident, perhaps not concentrating while wandering through the store. Just as likely are accidents that could have been avoided if the store management had been more actively making the store safe, removing hazards when they were noticed, cleaning slippery floors and messy floors.
The Personal Injury Process After a Retail Store Injury
If you have been injured in a store such as TJ Maxx or Marshalls and believe that the accident should never have happened, you may be able to file a personal injury claim with the store owners’ insurers. You will need to have definite proof that your injuries were caused by negligence on the part of the store managers or employees. Basically, you need to show that the management knew about a hazard but were too slow to remove it or failed to remove it, or the management knew of a hazard but failed to warn customers of its potential to cause injury. If the hazard only appeared minutes before you had an accident, then you would be unlikely to be successful obtaining compensation. The best evidence you can get after the accident is confirmation that the hazard had been there for some time from other customers who saw the accident happen.
Will a Lawyer Take My Case?
You are more likely to obtain the proper amount of compensation and faster if you use a personal injury lawyer to help you with your claim. If the claim is denied by the insurer or a settlement has to go to court, would be hard to do this if you were negotiating by yourself. Most personal injury lawyers will offer a free initial consultation and will take your case if you have good grounds for a settlement.
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