The Sorts of Things That Could Result in an Injury in a Department Store
There are various potential hazards in a discount clothing store. Most of them are similar to the sorts of hazards you could experience in any large retail store. Here are just a few.
- When it rains heavily, puddles of rainwater can obscure holes, cracks, and other uneven features at the entrance to the store. The store management is responsible for your safety everywhere on its property and should try to keep these puddles from becoming a problem.
- Inside the store, failing light or poor lighting can make it difficult to see where to step. Any injuries from an accident due to bad lighting could be the source of a personal injury claim.
- If the store uses elevators, any elevator that jolts upon starting, stopping, or coming to a rest that is not level with the floor could be a trip hazard.
- After cleaning, it is common for cleaners to warn customers that the floor could be slippery. If a warning is not used, this may lead to a slip and fall accident.
Establishing Fault is a Key Factor in Any PI Claim
Anyone who has been injured through no fault of their own would be naturally thinking about the possibility of claiming compensation. States have legislation that permits the filing of a personal injury lawsuit against the party that is alleged to be at fault (e.g. the manager of a store). To have a successful claim, you will need to establish fault or prove that the other party’s negligence caused the accident that led to your damages and injuries. To show that someone acted negligently, you must show all four elements of negligence were met. Here are the four elements of negligence and how they would come into play with a slip and fall accident:
- First, you must show that the other person had a duty or a responsibility. That means that they owed you a responsibility to act in a certain way and try to keep you safe. If you are shopping at a retail establishment, such as Marshalls, they are saying their premises are safe for your presence. That means that any messes should be cleaned up quickly or customers should be warned of any risks. It also means that any damages or risks should be properly addressed, and repairs made, so you don’t suffer a fall. For example, any snow or ice should be removed, any spills or debris cleaned up, aisles should be clear, and merchandise placed on shelves properly, and any loose tile or broken pavement should be fixed right away.
- Next, you should prove that the duty was breached. For example, you tripped and fell over cracked and broken pavement, or you fell because of a loose tile. Or if there was a mess, such as spilled lotion or plastic wrap on the floor, the employees had enough time to either clean it up or warn customers of the danger by posting warning signs or blocking the area off.
- Third, you must prove that the accident was caused by the breach of duty. If the tiles weren’t loose or the pavement wasn’t broken, you wouldn’t have fallen. If the mess was cleaned up, you would not have slipped and fallen onto the floor.
- Then lastly, you must show that your damages are a direct result of the accident. You must prove that your injuries, such as a broken ankle or back injury, are the direct result of the fall at Marshalls, or any established business like it.
When you can prove all four elements of negligence were met, you could pursue a personal injury claim. Your personal injury attorney will help you gather all the supporting evidence and documentation so you can show that your slip and fall was a direct result of negligence.
Evidence For A Personal Injury Claim
If you suffered injuries in a slip and fall at Marshalls or any department store, you will need to maintain documentation and gather supporting evidence to show that your injuries were a result of your slip and fall at the store. You will need to gather evidence of all your damages – both economic and non-economic in nature. Here are some examples of supporting documentation and evidence that can be helpful for your claim:
- Photos of the accident scene – such as pictures of the damaged sidewalk, the wet floor, or the loose tiles
- Photos of the visible injuries – such as your cut knee or your bruised face and broken eyeglasses
- Medical bills – copies of all medical bills for prescriptions, doctor visits, hospitalizations, surgeries, and so forth
- Medical records – These will show the nature of the injuries and their extent
- Proof of missed work and lost wages
- Eyewitness statements
- The accident report
You will want to file a personal injury claim against the plaintiff for all the damages that you suffered. These damages can vary significantly. Here are some of the more common damages that are claimed in a slip and fall accident:
- Medical bills – past and future
- Lost wages – past and future
- Pain and suffering
- Permanent scarring and disfigurement
- Long-term disabilities
- Property damages
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
Your personal injury lawyer will review the details of your slip and fall claim against Marshalls, or any department store and will help determine which damages you have suffered. All the damages will be itemized and then added up to come up with the total value of your premises liability claim against the store for a slip and fall accident.
Compensation Amounts
Of course, the value of your settlement can vary significantly and is dependent on the overall extent of your injuries and the economic costs of your damages – such as medical bills, the future need for medical care, and your lost wages. The kind of injury and the severity of the injury also come into play when determining the value of your case.
Also, the level of negligence and how easy it is to prove will affect the overall value of your case. For example, if you fall because of snow and ice in the parking lot that the store should have had removed before opening, or if you fall because there wasn’t enough lighting in the parking lot when you left the store one night, so you tripped.
Marshalls, just like other retailers, has faced premises liability cases in the past. For example, in August 2014, a Florida woman filed a lawsuit against Marshalls because of a slip and fall incident because of a substance on the floor in the store located in Miami-Dade County, Florida.
Also, the defendant's attorney asked for other supporting evidence to be supplied, such as all documentation concerning similar accidents in the floor area of the store for two years before and two years after the slip and fall, all reports completed by the store regarding the accident in question, and all complaints involving spills in the store for two years before the specific incident.
Seek Legal Guidance
If you suffered a slip and fall at Marshalls or any established business, enlist the help of an accident injury lawyer who is licensed in your state. These lawsuits are not easy to win as there must be definite proof that an act of negligence caused specific injuries. In fact, it would be very challenging to try and negotiate a claim all by yourself, especially with a large retail chain that has substantial financial resources to fight a legal challenge.
Talk to an attorney with experience in premises liability about your chances of receiving a settlement. If the attorney thinks you have a good chance of success, you should let him or her pursue the claim on your behalf.
Personal injury attorneys know how to skillfully negotiate with a store owner or manager and their insurer. Additionally, most attorneys operate on a contingency fee basis, which means you won’t have to pay anything unless you win your claim.
*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 Marshall’s or any other party, you may not be entitled to any compensation.
Case found from: caselaw.findlaw.com/fl-district-court-of-appeal/1724993.html
