If you have suffered a slip and fall in store that led to injuries, you can pursue a personal injury claim against the grocery chain to recover compensation for your damages. Having supporting evidence and documentation is a necessity for a successful claim. Here are few ways you can secure that evidence and ensure your rights are protected.
When you file a personal injury claim against a retailer because of a slip and fall accident, you will need to prove that your accident was a direct result of the store’s negligence. To do this, all four elements of negligence must be proven.
You can prove those elements through the evidence and documentation that you gather to detail what happened and how it happened.
If you slip and fall while in a supermarket, you should notify an employee – preferably a manager – of what happened right away. They will need to complete an accident report. If you are physically able to do so, get photos of the accident scene.
Also, look to see if you see a surveillance camera in the vicinity. Stores have these cameras in different locations, and one may have caught your fall on video, which could be beneficial to your claim.
Establish medical care right away. If you delay medical treatment, it becomes more difficult to prove that your injuries directly resulted from the fall. If you have serious injuries, ask for an ambulance to be called.
You should maintain thorough documentation, including medical bills, medical records, and detailed reports regarding the progression of your condition and how you are affected by the pain and the severity of the injury day by day.
A slip and fall accident can cause a range of injuries, some minor and some severe. No matter how serious your injuries though, you’ll have medical expenses and other losses associated with them. These may include things like lost wages and pain and suffering.
A personal injury claim filed with an insurance company may lead to a settlement, and if it doesn’t you may a have a civil lawsuit to file for damages.
Potential Slip and Fall Hazards
Hazards that cause a slip and fall in a store might include:
- Merchandise lying on the floor in aisles
- Food or drink spills from cafes or sushi bars, which are located in many stores
These groceries carry a range of non-food items, including things like:
- Garden soil
- Water softener salt
When these kinds of products are spilled and not properly cleaned up, they can create slip and fall hazards as well.
Outdoor hazards, like uneven or broken sidewalks can be an issue. Other conditions and store features can lead to slip and fall injuries, including, among others:
- Floor mats and rugs
- Store shelving or support beams
- Tile flooring that lacks a non-slip grain
With so many visitors daily, accidents in supermarket stores are fairly common. Many injured patrons choose not to file an insurance claim or a personal injury lawsuit, believing they can’t win against such a big corporation.
If you decide to pursue a claim or legal action however, you are well within your rights to do so and could receive compensation through a settlement or award of damages.
the pain and the severity of the injury day by day.
Proving Negligence After A Slip and Fall
There are four elements of negligence, and you must prove all four apply for your personal injury claim to succeed. The first element is to show that the other party owed you a duty or a responsibility to act in a certain way. In this situation, it is obvious.
Any retailer owes its customers and visitors a duty to keep the premises safe and free from obstacles, so no one is injured on the grounds.
The second element is to prove that the duty was breached. In this case, you will need to show that the area wasn’t properly cleaned and/or maintained and that contributed to the accident. If there hadn’t been a spill, or if the tiles weren’t loose, or if the problem had been corrected, there wouldn’t have been an accident.
The third element is showing that the accident is a direct result of the breach of duty. As an example, if the smashed produce had been cleaned up off the floor, you wouldn’t have slipped and fallen. If the broken pavement had been repaired, you wouldn’t have tripped and fallen.
The last element, or the fourth element, is showing that the damages and injuries you suffered were direct results of the accident caused by the breach of duty.
When you can tie all four elements of negligence together and prove that negligence caused your slip and fall, then you can have a successful personal injury claim and recover compensation for your damages suffered in the slip and fall. You slip and fall injury lawyer will help you gather supporting evidence and documentation to build your claim.
How To File A Slip And Fall Claim
If you have suffered a slip and fall at Publix, or any other supermarket, you will want to get your personal injury claim underway in a timely manner. The statute of limitations varies from one state to the next, but usually you would have anywhere from a year to three years after the accident to pursue a claim against the grocery store. If you wait too long, and don’t get your claim filed by the deadline, you will not be able to recover compensation for your damages.
You will need to enlist the help of a personal injury lawyer who is licensed to practice in your state, and who handles slip and fall cases. With the help of a lawyer, you can rest assured that your claim is filed in a timely manner and that you will not miss your chance to recover compensation for your damages.
To get the claim filed, a demand letter will be sent to the supermarket and their liability insurer, so they are aware of your accident, your injuries, and how you hold them liable for the damages that you suffered.
If you were injured in a slip and fall, consult with a personal injury lawyer who handles premises liability cases in your state. With the help of an attorney, you are much more likely to recover compensation for your damages.
Successfully filing a claim on your own against a corporation is not advisable. These stores have corporate attorneys that fight consumer claims on a daily basis. Consider hiring a personal injury lawyer with a track record of taking on big businesses.
He or she can help you build a strong case and can assist in collecting evidence. An attorney can additionally handle negotiations for a settlement from the store's insurance company and can take your claim to court, if you must file a lawsuit to receive fair compensation.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Publix, or any other party, you may not be entitled to any compensation.