Have you ever found yourself lying on the floor of your neighborhood store and not sure why? Then you look around and see a bottle of lotion that has spilled all over the tile you were just walking on? Slip and fall injuries can occur anywhere at any time in any store.
With thousands of products to help heal people, the thought of an injury may not even cross your mind when entering a convenience store, or any other store. However, just like a restaurant, a retail store can harbor many dangers. Here are some potential hazards in any convenience store:
- Having a large stock of lotion/oils could be a danger for slipping on
- Selling food and drinks; soda spillage, milk or even some kinds of candy can be a problem if an employee does not tend to a mess quickly
- Freshly mopped bathrooms can pose a danger. Not all stores have public bathrooms, but the ones that do have tiled floors, which are easier to fall on
- Stocked items such as beach items or umbrellas can fall over and cause consumers to trip
Let us not forget about weather conditions and the potential for falling. You may still need your medication after a snow storm, but if employees have not properly salted and cleared the walkway you could easily fall and injury yourself. Store employees are all responsible for keeping a clean and tidy store. If you cause a spill or just see items on the floor, be sure to let an associate know.
How A Law Firm Can Help You With Your Personal Injury Claim
If you fell at a store or pharmacy and suffered injuries, you can pursue a personal injury claim against the retailer to recover compensation for the damages you suffered in the accident. Personal injury claims can be challenging, so you want to make sure you have someone fighting for you and your interests.
Documentation and evidence are essential to a successful personal injury claim, so there are many ways that an accident injury attorney can help you get your claim to recover damages on track. Here are some of the ways that a personal injury attorney can help you with your claim against a store:
- Gather supporting evidence, such as witness statements
- Collect proof of the risks, such as photos of the scene or surveillance video that shows the accident and/or the conditions before and after your fall
- Create a file that details all your medical records from all healthcare providers, such as doctor visits, hospitals, labs, clinics, and so forth
Four Elements Of A Personal Injury Claim
You will need to show that the pharmacy or retail store was negligent. When all four elements of negligence can be proven, then you will have a successful personal injury claim and be able to recover compensation for your damages. The four elements of negligence include:
- Showing the plaintiff owed you a duty or a responsibility
- Showing that duty or responsibility was breached
- Show that breach of duty caused the accident
- Prove that the damages suffered were a result of the accident
Here are examples of how those elements could come into play with a slip and fall at pharmacy.
- Any store or retailer owes its consumers a duty or a responsibility to protect them from harm. That means that the premises or grounds must be kept clean and free from any debris or dangers. Any spills must be cleaned up, any merchandise should be promptly put away, and any defects or damage should be fixed as quickly as possible. If there is a problem, patrons should be warned.
- If a clerk was putting lotion out on the shelf and dropped a bottle and spilled lotion on the floor, it should be cleaned up immediately or the immediate area should be blocked off to prevent a customer from slipping and falling. If the spill occurs and then a customer slips and falls because of the lotion an hour later, then the duty was breached. The employees had plenty of time to clean up the mess, or to block the area off and warn customers of the risk.
- If a customer was walking down the aisle and didn’t notice the lotion, then slipped and fell, the accident was a direct result of the breach of duty. Often, this can be verified by looking at surveillance cameras located throughout the store.
- Lastly, if you suffered a broken hip in the fall, you can use your medical records to show that the injury was a direct result of the fall that was caused by the negligence of the store’s employees.
Gathering Supporting Evidence
You will want to gather documentation and supporting evidence to show that the injuries suffered in the slip and fall was caused by the negligence of the store and its employees. Supporting evidence might include:
- Medical documentation – you will want to establish medical care right away. Gather up all your records associated with your slip and fall. These records will include exam notes, physician excuses, x-rays, scans, lab reports, physical therapy records, surgical notes, prescription records, and so forth.
- Photos – photos of the accident scene, the dangers, and the visible injuries.
- Witness statements – statements from any witnesses to the slip and fall. Also, get their names and contact details so any necessary follow-up contact can be done to ensure that your claim is successful.
- Video – the entire incident could have been caught by a surveillance camera, and if so, your personal injury attorney can petition the court to subpoena those videos and use them as evidence in court. They could be very beneficial in the outcome of your case.
Slip and Fall Examples
There have been multiple instances where individuals were injured and filed personal injury claims against CVS. In 2013, a couple from Hobart, Indiana, was awarded $455,563 after a slip and fall at the Hobart CVS. The accident victim slipped and fell on ice on the sidewalk in front of the store. The slip and fall, according to the personal injury attorneys representing the Kadars, was because of the violation of basic safety rules and was caused by a metal threshold at the entrance that became slippery when it got wet or when there was snow.
According to PRWeb, another case brought against CVS claimed that Mr. Flemke tripped and fell over a plug in the Florida store in 2007. It was claimed that there were no signs up to warn of cleaning that was going on. He had to undergo surgery on his back to fix herniated discs. The jury ended up finding CVS at fault for not putting up a warning sign and awarded Mr. Flemke $500,000 for his medical bills and pain and suffering.
Legal Representation
Many large store chains have their own legal department. These attorneys will be looking out for the best interests of the retailer, and not for you. Of course, that means they are going to work diligently to ensure that the retailer and their insurer aren’t held responsible for your injuries and will want to get by paying as little as possible for your damages.
You don’t want to face off against a massive chain and their legal team on your own. Instead, you should enlist the help of a personal injury lawyer right away, so you can make sure you have someone aggressively pursuing your interests and working to ensure your rights are protected and that you are treated fairly.
Your personal injury attorney will challenge the legal team and will focus on your claim. Personal injury lawyers work on the contingency basis, which means that your attorney will not be compensated until you win your case and get a judgment or a settlement. You will not pay anything out of pocket, so you have nothing to lose.
Being aware of your surroundings in a store can save you from a potential of lifetime pain and suffering. If you or someone you know has been unfortunate enough to be involved in a slip and fall incident, you should contact a personal injury lawyer. These lawyers can help with deciphering your rights, who was at fault for the incident and helping to determine if you are entitled to anything from the fall. Filing a lawsuit can be a long, complicated process that personal injury lawyers are familiar with. An attorney can be the much needed help to get the case settled.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against CVS, you may not be entitled to any compensation.
Source: nwitimes.com/news/local/lake/hobart/jury-awards-judgment-against-cvs-pharmacy/article_07b3334d-e7ec-5f93-abe9-7eaf42a1c53a.html
