If you slip and all in a store, It is the responsibility of a store owner and the manager and other employees to ensure that the visiting public is reasonably safe while in the store. If you are injured in one of these stores and are facing the burden of recovering, you may be entitled to claim compensation.
How an Accident Can Happen
With heavy traffic and a multitude of items, accidents do happen. When you go into a store, they have a duty or a responsibility to maintain safe premises for the customers. If this duty is breached and you suffer a fall that leads to injuries, you may be able to pursue a personal injury claim against 99 Cents Only or any other store that breaches duty and causes an injury.
Like many establishments, there are many ways you can fall while at a dollar store. As an example, a bottle of laundry detergent could be leaking. The detergent could drip off the shelf and pool in the floor. It should be marked with a wet floor sign or cleaned up right away. If the employees fail to tend to it, and you slip and fall because of the detergent, they can be held liable for their lack of acting on the problem.
Shelves should be stacked properly and safely. If the shelves are overcrowded, items can fall from the shelves and onto the floors causing a trip hazard. The employees should regularly check the aisles and floors to ensure there are no hazards, such as spills or merchandise on the floor. You can hold the store liable if merchandise falls from a shelf and injures you or if you trip over merchandise in the floor and suffer an injury.
If you are outside in the parking lot, it is a normal expectation to think that the parking lot is clean and well-maintained. During the winter, if the store is open the parking lot and sidewalks should be safe.
This mean any snow or ice should be removed and then a melting solution or salt should be used to prevent the formation of any additional ice and to ensure that the ice continues to melt. If you get out of your car and walk toward the store then slip and fall because of ice in the parking lot, you can hold the store liable for your damages.
You should maintain evidence and documentation to support your claim against 99 Cents Only, or whoever is at fault. if you slip and fall while on their store premises. Remember, documentation is essential to the success of your personal injury claim after a slip and fall at a store.
Responsibilities or Duties that Establishments Need to Have
To have a successful personal injury claim, you will need to prove that the store was negligent. There are four elements of negligence and they must be proven for a claim to be successful. The first element is that you must show that the store has a duty or a responsibility to you to maintain safe premises. Any store owes its customers a duty and has a responsibility to maintain safe premises.
For example, establishments like 99 Cents Only owe its customers a duty to clean up spills in a timely manner, keep the walkways and parking lots clear, and warn customers of any potential hazards by either roping off the area or posting a warning sign, such as a wet floor sign.
If the employees fail to follow through with those duties, then the second element of negligence has been met and the duty has been breached. If that breach of duty causes you to slip and fall, then the third element of negligence has been met. Then lastly, if you can prove that you suffered injuries and damages because of that slip and fall, you have proven that 99 Cents Only, or any established business was negligent and you can recover compensation for your damages. You must maintain evidence and documentation to support your claim.
What You Can Include In Your Personal Injury Claim
Here are some common components of a personal injury claim:
Your Medical Bills: Don’t forget all the receipts of payment you have already made. Also don’t forget to include any medical treatment that might still be needed in the future.
Lost Wages, Salary, and Other Earnings: These may seem extremely easy to calculate, but you may also need to calculate what you could lose if you cannot return to work or run your business for some time.
Pain and Suffering: This component is supposed to cover an estimate of the cost of the pain you have suffered which can be physical or mental in nature. The court may decide on the amount allowed, but there may be a cap or this component may not even be allowed at all, depending on the state where you're filing your claim.
Your Damaged Property: This may cover any items that have been damaged during your accident. For example, if you had fallen on a puddle of spilled detergent on the floor of the store and you damage your cellphone, then the cost of replacement or repair may be included in the claim.
How Your Total Personal Injury Claim is Calculated
If you slipped and fell at a store like 99 Cents Only, you may be eligible for a personal injury claim to recover compensation for your damages. When you file your claim, you will want to itemize all your losses and then add up the total settlement that you want at the bottom of the form. You should be sure to ask for past losses as well as any future losses and expenses associated with your premises liability claim against the retailer. The severity of your injuries, the lasting effects, and how and why the accident occurred will all have an affect on your accident injury claim.
Here are some of the more common damages claimed in a personal injury claim after a slip and fall at a store:
- Medical expenses – past and future
- Lost wages – past and future
- Pain and suffering
- Property damages, such as broken eyeglasses
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
The higher your medical bills and the more lost wages that you have accumulated, the more your claim is worth. Your attorney will then multiply your total medical bills by a multiplier ranging from 1 to 7 depending on the severity of your injury to determine the value of your pain and suffering.
Documentation is essential to the success of your slip and fall claim. You should maintain medical bills, medical records, proof of missed work and lost wages, photos of the accident scene and of the injuries, the accident report, and so forth. These will be submitted as evidence with your claim to confirm both economic and non-economic losses sustained from the incident.
If you suffered injuries in a slip and fall in 99 Cents Only or any place of business, you may want to enlist the help of a slip and fall attorney who is licensed in your state. With the help of an accident injury attorney, you are much more likely to have a successful personal injury claim. Because personal injury lawyers work on a contingency basis, you have nothing to lose. Schedule your free case review today.
Unsure of What to Claim? Ask an Attorney!
If you are unsure of exactly how much you should ask for in a personal injury settlement, it is sensible to approach an experienced personal injury attorney. The figures for things like medical expenses and lost earnings are usually easy to quantify as long as you remember to keep hold of receipts and any other paperwork.
Your attorney can help you work out a realistic estimate of future medical costs, future loss of earnings and an amount for pain and suffering. The majority of personal injury attorneys work on contingency so if you decide to go through with a lawsuit against a 99 Cent Only Store or any place of business, you won’t have to pay any legal fees until the claim has been won in your favor.
*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 a 99 Cents Only Store, or any other party, you may not be entitled to any compensation.
