It’s much more likely that you will be badly injured if you are unaware that you are approaching a hazardous situation. When you make a visit to the nearest convenience store, your guard is usually down and you are not constantly on the lookout for potential slip and fall hazards.
If you do fall over somewhere like a convenience store and are sure that the accident was not your fault, you may be able to make a personal injury claim against whoever was at fault.
As with any legal action, an experienced attorney can make all the difference in helping you recover the costs of an unintended accident.
Convenience stores are a popular place for snacks, drinks, and fueling. If you are at a store and trip, you could suffer a slip and fall that leaves you with injuries and damages.
There are many ways you could be hurt during a slip and fall at one of the store locations, and usually, these accidents could have been prevented if the employees had followed through with vigilances and made sure any spills were cleaned up and any repairs were made quickly.
One example of a scenario in which you could be injured in a slip and fall at convenience store involves entering the store. There could be a soda spilled by the soda fountain or mustard or ketchup could be spilled by the food prep area.
Employees should be vigilant and watch for these kinds of issues, and then they should thoroughly clean up the area and placing a wet floor sign until the mopped area has had time to dry.
Another example could be during inclement weather. When customers enter and exit the store, they will track in snow, ice and slush, and water. The employees should continuously clean up the wet areas, or warn customers with a wet floor sign until they have time to mop up the mess.
If you go in the store and fall because of the water and snow, then the store is liable for your damages because they breached their duty and failed to fall through with their responsibility to keep the premises safe.
Slip and fall accidents can also happen outside the store near the gas station pumps. There is a lot of traffic in the area, and sometimes vehicles could be leaking fluids, such as motor oil. A fuel spill at the gas station pump can also leave the pavement or concrete slippery and dangerous.
An attendant is supposed to use cat litter or some other substance to soak up the spill and a warning sign should be posted. If you get out of your car, step in oil, and then fall injuring your back, you can hold the store liable for its employees lack of response to the spill.
If You are Injured at a Convenience Store, It May be a Inconvenient Trip to the Hospital
Accidents inside a convenience store really shouldn’t happen unless the management is not on the ball when it comes to removing potential hazards. Customer safety should be a priority, but unfortunately, this is not always the case.
Have You Been Injured In a Trip to the Convenience Store?
It’s no fun slipping on a convenience store floor and ending up flat on your back or slamming your face into an adjacent shelf. You can suffer quite serious injuries if you slip over unexpectedly in a convenience store.
Every slip and fall accident has its own unique set of circumstances, but the most common injuries in such an accident range from superficial cuts and bruises right up to really significant injuries like brain and spinal cord damage.
Other injuries severe enough to potentially warrant a personal injury claim include:
- Broken bones (broken limbs are particularly common)
- Broken teeth and facial damage
- Dislocated joints, especially wrists, ankles, hips and shoulders
If you are injured at a store through no fault of your own, you should certainly consider legal action to recover any costs that have been burdening you. If your car was damaged in the store's lot, you may want to see our page: Car Accidents at a Gas Station.
Proving Negligence After a Fall
There are four elements of negligence. If your personal injury claim is successful, you will need to prove that all four elements of negligence have been met and that the gas station and convenience store is liable for the damages you suffered when you fell. The four elements of negligence are:
- Breach of duty
- Causation - showing that the breach of duty caused the accident
- Damages - showing your damages are a direct result of the accident caused by the breach of duty
Here is a scenario of how you could fall at a convenience store and suffer injuries that lead to a personal injury claim against the retailer. Every store has a duty or a responsibility to maintain safe premises. You have the reasonable expectation to think the floor is clean and free from any risks when you enter the store.
When you go inside, you take a few steps down the aisle before you slip and fall backward, hitting your head on the shelf and then landing on the floor. You suffer a neck and back injury. You realize you slipped because of condiments spilled on the floor where hot dogs are sold.
The employees breached the store’s duty by failing to keep the premises clean and that breach led to your slip and fall. Then lastly, you suffered injuries directly because of the slip and fall.
You will need to prove that the gas station was aware that there was a problem and that they failed to warn customers or clean up the mess. This may be proven through video captured by a surveillance camera or by witness statements that indicate they had told an employee or that an employee had walked by the spill.
If possible, get photos of the accident scene and what caused your fall. You will need to maintain thorough documentation to support your claim and to prove that your injuries were caused by a slip and fall that resulted from the negligence.
Maintain thorough documentation and evidence to show your damages and to support your slip and fall claim against the convenience store. Here are some solid forms of evidence that can support your case against the gas station:
- Photos of the accident scene
- Photos of the injuries
- Accident report
- Witness statements
- Medical bills
- Medical records
- Proof of missed work and lost wages
- Prescription receipts
The more documentation that you have, the stronger your claim against the store. Be sure to maintain all documentation. You should also consult with a personal injury lawyer right away because time is limited for pursuing a personal injury claim after a slip and fall.
Anytime you are involved in an accident at a business, you should establish medical care right away. The longer you wait to be examined by a medical professional, the more difficult it will become to show the casual connection between your injuries and the slip and fall at the gas station.
You will need to detail your accident to the treating physician and be sure to maintain thorough documentation of your medical treatment.
If you were in a slip and fall at a convenience store, you should consult with a slip and fall attorney who is licensed in your state. You will not have to pay anything out of pocket to retain a personal injury lawyer because they work on a contingency basis.
Your lawyer will not be compensated until you win your claim and get a judgment or a settlement.
Contact a PI Attorney As Soon As Possible After an Accident That Was Not Your Fault
Because of the costs of unexpected but serious injuries, it is wise to consider legal action. A personal injury claim is an option if you can collect witness statements and any other evidence about what happened when you had your accident.
Evidence is often the most crucial element in deciding whether what seems like a reasonable claim for compensation is eventually going to succeed. As with most lawsuits, it will be difficult to make a personal injury claim all by yourself.
Fortunately, most personal injury attorneys will waive the legal fee for a consultation and only bill you if a claim is successfully negotiated. It’s better not to leave such a claim for too long after the accident, since acting quickly will increase your chances of success.
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Kwik Trip, or another party, you may not be entitled to any compensation.