When you go to a home improvement, it is only normal to expect the store and its premises are safe and free from risks that could cause you harm.
Unfortunately, many people suffer slip and fall injuries in accidents that are caused by the negligence of stores and their employees every year.
If you have been injured in a fall caused by the store's negligence, they are liable for your damages. You can file a personal injury claim to recoup compensation for your losses, such as medical bills and lost wages.
Proving Negligence
To have a successful personal injury claim, you must prove they were negligent. This means all four elements of negligence must be met.
The four elements of negligence are showing the other party has a duty, proving that duty was breached, showing that breach of duty caused the accident, then lastly showing that accident caused your injuries.
In this case, the duty is obvious. The store has a duty to keep its grounds safe for customers. Next, you will need to show that duty was breached and how it was breached.
For example, you must show that they failed to properly maintain the area. You were walking in the store and you tripped and fell over merchandise left unattended in the aisle.
Because the merchandise was left unattended and blocking the path that customers would obviously take, the duty was breached.
Now, you must show that the breach caused your injury. You wouldn’t have tripped and suffered your broken wrist if the employees had left the area clean and the merchandise was properly put away.
Then lastly, you must show you suffered damages. That would be shown by medical records, medical bills, proof of lost wages, and so forth.
Pursuing A Personal Injury Claim
You should notify a store employee as soon as possible about your accident. They will need to complete an accident report. Try to notice if there were any witnesses to the incident, sometimes they will come forward and offer assistance.
Witnesses who can corroborate your story will be very helpful in getting your claim on track. Seek medical treatment right away, you should never delay being checked by a medical professional.
Maintain thorough documentation to support your claim, such as medical bills, medical records, proof of missed work and lost wages, photos of injuries, statements from witnesses, and a journal detailing your limitations on a daily basis after the accident.
Consult With A Personal Injury Attorney
If the negligence caused you to be injured in a slip and fall accident, you should consult with a personal injury attorney. Personal injury lawyers work on a contingency basis, so you have nothing to lose.
Your lawyer will not be paid until you are compensated for your damages. Complete the Free Case Evaluation Form to get your personal injury claim on track today.
Additional Resources
- Proving Negligence in a Personal Injury Claim
- Examples of Negligence in Slip and Fall Accidents
- Responsibility for Slip and Fall Accidents
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Home Depot, or any other party, you may not be entitled to any compensation.
