Accidents are always a possibility in any store. They are unlikely to lead to serious injuries as long as potentially dangerous situations are identified early enough and then dealt with. If this doesn’t happen, a personal injury claim may be needed to recover the costs of an unexpected injury that has only happened through negligence of the employees and staff at that particular store.
Dangers Apparent in an Auto Parts Store
Auto parts store accidents are infrequent, but might happen from time to time. Here are some of the potential dangers in a store:
- Items stacked on shelves falling off. This shouldn't happen unless the stacker was careless in putting items on the shelf. Any injuries from falling objects might be grounds for a lawsuit.
- Slippery floors from messy trash dropped on the floor, spilled drinks, leakages from pipes, or just floors that have been polished with an extra slippery polish.
- Floors in stores should be cleaned regularly, but this can make the surfaces temporarily slippery. Usually, workers put a notice warning store users. If they fail to do this, someone could slip over and injure themselves.
- Mats, carpets and other floor coverings that have been put in place in icy conditions or wet weather can make the floor less slippery, but may be a trip hazard unless they are in good condition. Old, worn or torn materials may cause injuries.
The Four Pillars of Personal Injury
If you suffer a slip and fall in a store and you want to pursue a personal injury claim to recover compensation for your damages, you will need to prove that the accident was caused by the store’s negligence. To prove negligence, all four elements of negligence must be met. Here are the four elements of negligence and how they would apply to a slip and fall.
- First, you must show that the store owed you a duty or a responsibility. Any store or business has a duty or responsibility to its customers to maintain clean, safe premises so they can safely enter and exit the premises without being injured. This means cleaning up any messes or spills and repairing any damages that could be hazards.
- The second element of negligence is showing that duty was breached. For example, a can of motor oil spilled in the parking lot and a store clerk was made aware of it. You pulled into the parking lot an hour later and exited your vehicle, slipping and falling then suffering a back injury. The employees had adequate time to clean up the mess, but they did not.
- The third element is to show that you wouldn’t have slipped and fell if the mess had been cleaned up. In this case, it is pretty obvious that if there hadn’t been oil spilled on the pavement, you would not have slipped and fallen when you exited your car.
- The last element is to prove that your damages are a direct result of the slip and fall. If you had not fallen on the pavement, you wouldn’t have suffered your back injuries. You had no prior back injuries before you fell at the store.
When to Do After a Slip and Fall
You will need to provide supporting documentation to prove that this is what happened, how it happened, and the damages that you suffered. You will also need to establish medical care right away. Here is what you should do after a slip and fall at store:
- If possible, get photos of the accident scene and of any visible injuries.
- Notify a manager of the incident and your injuries.
- Establish medical care.
- Maintain thorough documentation that includes medical bills and medical records.
- Document missed work and lost wages, keep medical excuses and paystubs.
- Keep a journal detailing your recovery day by day.
Damages to Include In Your Claim
When you file your personal injury claim against Pep Boys, or any other store, you will want to be sure to include all your damages. Your accident injury attorney will review the details of your case and help you come up with an itemized list. Here are some of the more common damages claimed after a slip and fall:
- Medical expenses – past and future
- Lost wages – past and future
- Pain and suffering
- Property damages
- Mental anguish and emotional trauma
- Permanent scarring and disfigurement
- Long-term disabilities
- Loss of enjoyment of life
- Loss of consortium
Evidence to Support Your Claim
Your slip and fall lawyer will help you gather up all the evidence that you can to prove that you are entitled to damages for your losses after the slip and fall. Here are some of the more common pieces of evidence that can help your claim:
- Medical bills
- Medical records
- Prescription receipts
- Proof of missed work and lost wages
- Photos of the accident scene
- Witness statements
- The accident report
- Surveillance video of the accident
A Personal Injury Attorney Can Help With a Lawsuit
Negligence can be hard to prove but this is a condition for any personal injury lawsuit to be successful. Evidence must be made available to show that whatever caused a plaintiff’s injury could have been avoided if those who work in a store had been doing their job properly. The costs of unexpected injuries can be so damaging that you should certainly seek advice and legal help from an experienced attorney.
If you slipped and fell while at Pep Boys, or any other store, enlist the help of a personal injury lawyer who is licensed in your state. Personal injury attorneys tend t offer contingency fee arrangements, where the accident victim does not have to worry about any upfront legal fees. These are only paid if and when a claim is won on behalf of the plaintiff. There is a strict statute of limitations for pursuing a personal injury claim against a business after a slip and fall, so schedule your free case evaluation today!
*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 Pep Boys, or any other party, you may not be entitled to any compensation.
