Similar to many stores, Bed Bath & Beyond have a lot of merchandise, a lot of employees and a lot of shoppers. When you put these three things together, you get a crowded, sometimes difficult to navigate maze.
It’s not hard to imagine how someone could be injured by slipping and falling at a store. These accidents could result from merchandise in the aisles, the carelessness of employees and other shoppers, or slipping on a wet floor.
Anyone who has been injured in a slip-and-fall accident knows the sudden, devastating impact the incident can have on everyday life. The victim is left to cope with pain, frequent doctor’s visits, hospital stays, rehab and lost work time.
Bed Bath & Beyond and other large retailers have a legal responsibility to make sure customers have a safe shopping experience inside the store and outside in parking lots and sidewalks, in the store bathrooms and in other public areas.
Federal regulations require retailers to set and use safety procedures, and it’s in the best interest of the store’s bottom line to maintain a clean, safe shopping environment.
Despite all these safeguards, accidents do happen, and they may be caused by store negligence.
Potential Slip and Fall Scenarios
Slip-and-fall hazards could include:
- Merchandise that has fallen off shelves, especially small, slippery items like towels and blankets
- Improperly constructed or broken shelves and merchandise racks
- Poorly placed or hard-to-see merchandise or signage
- Slippery floors from spills not cleaned up by store employees
- Wet floors caused by rainy or snowy weather conditions
- Wet or dirty floors caused by mopping or sweeping done by employees
- Ladders, dollies and other employee stocking implements left in the aisles
- Loose rugs or damaged floor tiles in the store
- Ice, snow or puddles not properly removed in the parking lot or outside store areas
- Inadequate lighting inside or outside the store
Negligence in a Slip And Fall
If you have suffered a slip and fall at Bed, Bath and Beyond or any large store, you can hold the store liable for the damages that you suffered in the accident. For your personal injury claim to be successful, you will need to prove that the store and/or its employees acted negligently.
There are four elements of negligence, and all four elements of negligence must be met. Here are the four elements of negligence and how they apply to a slip and fall at a large store:
- First, you must show that the store owed you a duty or a responsibility. They owe all customers that duty because they are saying their premises are safe and free from risks when they are open for business and allowing you on the premises.
- Next, you must show that duty was breached. That means they failed to clean the store properly, didn’t correct any risks or dangers such as loose tile or broken pavement, or didn’t clean up a spill or wet spot fast enough, or they left merchandise in a dangerous way where it could lead to harm.
- Third, you must show that breach of duty resulted in the accident where you were injured. As an example, the loose tile caused your fall or merchandise blocking the aisle caused a hazard and resulted in you tripping and falling.
- Lastly, you must show that your injuries and damages were a direct result of the accident caused by the breach of duty. As an example, you wouldn’t have broken your arm if you hadn’t fallen over the loose tile or you wouldn’t have hurt your back if you didn’t trip and fall over the merchandise left in the aisle unattended.
If all these elements can be proven, your personal injury claim might be successful and you might recover compensation to pay for the losses and damages you sustained in the accident caused by the negligence of the retailer’s employees. Stores have responsibilities, and if their workers don’t follow through, they can be held liable for any damages that result when innocent consumers are hurt.
Proving Negligence
You will need evidence and documentation to prove that negligence. Examples of evidence to support your claim could include photos of the accident scene, statements from eyewitnesses, medical bills, surveillance videos, and the accident report completed by the store management. Be sure you do everything that you can to preserve evidence and documentation.
If you are physically able to do so, get photos of the scene of the accident to show what caused your fall. If you aren’t able to do so, ask someone if they will do that for you.
Always notify the store management of an accident so an accident report can be completed. If your injuries are serious, ask for an ambulance to be called. Always establish medical care right away, so be sure to seek treatment from a medical professional as quickly as possible.
Maintain thorough documentation to provide support and evidence for your claim, such as medical bills, medical records, prescription records, proof of missed work and lost wages, proof of property damages such as broken eyeglasses or torn clothing, and any receipts related to your costs directly from the injuries you suffered in the slip and fall at the store.
Check to see if the accident could have been caught on surveillance videos. If so, your personal injury lawyer can ask that they be submitted as evidence for your case.
The more documentation you can gather, the more likely you are to succeed with your claim and recover damages. If there are witnesses, get their names and contact information because they may need to be contacted for a follow-up later and to get additional information for your specific slip and fall claim.
Settlement Value Calculations
No two personal injury claims are the same, making it difficult to find a specific way to determine the value of your personal injury claim until a personal injury lawyer assesses the situation. There are several things that will come into play and help determine the value of your case and help calculate the amount for a fair settlement.
- Medical bills, such as physician visits, hospitalizations, surgical procedures, prescriptions, physical therapy, medical devices, x-rays and labs – anything related to medical care
- Future medical expenses, such as physical therapy or surgical procedures
- Lost wages – proof of missed work and loss of earnings
- Future loss of wages – if you will miss any future work or if your earnings will be reduced because you must change professions
- Pain and suffering will be calculated considering your medical expenses
- You can also claim these damages, including:
- Mental anguish
- Permanent scarring and disfigurement
- Loss of enjoyment of life
- Loss of consortium
Your accident injury lawyer may help you review the details of your case and help you determine which damages you suffered. Your lawyer may help you gather up the evidence that is necessary to support your case and to show that the damages you sustained could have been avoided if employees hadn’t acted negligently.
Enlisting The Help of a Personal Injury Lawyer
If you have suffered injuries in a slip and fall accident at a large store, you should speak with a personal injury lawyer who is holds a license to handle such claims in your state. When you hire a personal injury lawyer to handle your accident injury claim, you will not have to pay anything up front. Instead, personal injury lawyers work on the contingency basis, which means your lawyer will not be paid until your case has been won and you receive a judgment or a settlement.
Your odds of a successful personal injury claim against a large store will increase greatly when you have an accident injury attorney representing you. To be sure you have your claim on track in a timely manner, schedule a Free Case Evaluation today. Strict laws, such as a statute of limitations, will apply to your claim so don’t wait until it is too late to get a claim filed.
Immediately contact an experienced personal injury lawyer if you feel you deserve compensation for your injuries. A lawyer may help you through the claims process, write a demand letter, and, in most cases, agree not to be paid unless you win your case.
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 Bed, Bath & Beyond, or any other party, you may not be entitled to any compensation.
