While picking up a few items at the local drugstore, there’s a chance that you could slip and fall due to an unmaintained store. If you are injured due to a slip and fall at a pharmacy such as Rite Aid, you could file a personal injury claim and be awarded compensation that can help you make up for medical expenses, lost wages, and pain and suffering.
If you slipped and fell inside of a Rite Aid and it resulted in injury, there may be options available to you to help you receive the damages you deserve.
Ride Aid is a large pharmacy retailer with nearly 5,000 stores in 31 states. They have a strong presence on both the East and West coasts.
How Accidents Happen
Rite Aid, as well as other drugstores and pharmacies, is required to keep their stores safe for customers. Stores such as Rite Aid usually have employee policies in place to make sure customers are safe from slip and fall accidents on their premises, including:
- Regularly cleaning the floors
- Routinely checking for spills
- Putting up warning signs for wet floors and other hazardous conditions
Still, slip and fall accidents at Rite Aid can happen and lead to injured customers.
There are many situations in which you could be injured in a slip and fall accident at a Rite Aid, including:
- Tripping over items that have fallen off of a display, such as medicines and wellness products
- Slipping on a leak, dropped liquid, or another customer’s spilled item
- Tripping over misplaced floor mats at the store’s entrance
- Slipping on ice, snow, or rain that was tracked into the entrance of the store
- Falling due to poor visibility in the store because of poor lighting
Four Elements Of Slip And Fall Cases As They Apply To Rite Aid
If you suffered injuries in a slip and fall at Rite Aid, you can pursue a personal injury claim against the store for premises liability. You will need to show that Rite Aid was negligent, and that had they not acted negligently, you would not have suffered the injuries you sustained and incurred damages. Here are the four elements of negligence as they would apply to Rite Aid in a slip and fall case, and some example scenarios for a slip and fall in the store:
- First, show that Rite Aid owes you a duty or a responsibility. Rite Aid owes all customers a responsibility to maintain clean and safe premises. If there are problems, they should either clean the area or repair any issues to prevent accidents. As an example, if a soda is spilled in front of the coolers, an employee should either promptly clean up the mess or mark the area with a sign until they can clean it up.
- Second, show that the duty was breached. If there was a spill, employees were notified, and then it wasn’t promptly cleaned up or a warning wasn’t placed for customers, then the store breached that duty. That is the second element of negligence.
- Third, you will need to prove that the breach of duty caused the accident. In this case, if the floor wasn’t wet, you wouldn’t have slipped and fell in front of the coolers.
- Then lastly, you must show that all the injuries you suffered and the damages you are claiming are a direct result of the slip and fall because of Rite Aid’s breach of duty. As an example, you wouldn’t have suffered a broken arm if you hadn’t slipped and fell on the soda spilled in front of the coolers.
Documentation And Evidence
Documentation and evidence are essential to the success of your personal injury claim against Rite Aid. You will need to show that your injuries were a direct result of the accident and you will need to show both economic and non-economic damages that you suffered. You will need reports, statements, records, and photos to support your premises liability case.
Here are some key elements of evidence that can make or break your claim against Rite Aid:
- First, the proof of negligence and the documentation to show that all four elements of negligence were met
- Medical records – including physician notes, hospital records, surgical notes, prescription receipts, and physical therapy records
- All medical bills
- A copy of the accident report
- Copies of witness statements
- Proof of missed work and lost wages
- Photos of the accident scene
- Photos of the visible injuries you suffered
The more documentation that you can provide, the more likely you are to have success with your personal injury claim against Rite Aid because of your slip and fall. Your personal injury lawyer will help you gather supporting documentation and evidence, so you can get your claim on track and recover compensation for your losses.
Because of the complexity of a premises liability claims, you should enlist the help of a personal injury lawyer who specializes in such claims. With the help of an attorney, you are much more likely to recover compensation for your damages. When you enlist the help of a personal injury lawyer, you will not have to pay anything out of pocket. Instead, your attorney will help you get your claim on track and will handle matters on a contingency basis, which means your attorney will not be paid until you win your case and get a judgment or a settlement for the damages you sustained in the slip and fall.
Rite Aid will be represented by its corporate legal team, so you will want to make sure you have an attorney looking out for you and your rights. With the help of an attorney, you are more likely to recover compensation for the damages you suffered. You should be sure to include all your damages in accident injury claim:
- Past and future medical expenses
- Past and future lost wages
- Pain and suffering
- Property damages
- Mental anguish
- Loss of enjoyment of life
- Permanent scarring and disfigurement
- Loss of consortium
The amount of your settlement can vary significantly depending on the severity of your injuries and damages. As an example, Louis Fiabane, a personal injury lawyer, represented Scheila Germain who slipped and fell on January 20, 2006, in a slip and fall in a Rite Aid store located in Brooklyn, New York. She entered the store to buy household items, according to the lawsuit, and slipped and fell on spilled laundry detergent that she hadn’t noticed on the floor before her fall. The manager determined the spill was from a bottle of Tide laundry detergent.
Ms. Germain complained of back, neck, and abdominal pain and was transported to the local hospital with her injuries. The plaintiff, who was 13 weeks pregnant at the time of the fall, suffered vaginal bleeding and two weeks after the fall suffered a miscarriage. A physician testified that the miscarriage was a direct result of the slip and fall at the store.
Your injuries and their lasting effect on you will be considered when the value of your personal injury claim against Rite Aid for a slip and fall accident is determined. Of course, injuries that have lasting effects, such as back injuries or permanent scarring, will be worth more than injury such as a simple sprain or contusion that heals completely in a couple of weeks.
In the case of the miscarriage, the court ruled that medical evidence proved that the fall was not related to the miscarriage, so no damages were awarded for that aspect of the claim.
If you are planning to file a personal injury claim against Rite Aid, it may be helpful to retain a personal injury lawyer. Rite Aid most likely has an experienced and thorough legal team that specifically handles cases such as these.
Finding a personal injury lawyer will help to ensure that you understand your rights in a slip and fall accident scenario, correctly file a personal injury claim, seek the right amount of damages in your claim, and provide support throughout the entire process.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Rite-Aid, you may not be entitled to any compensation.