Gas stations are potentially dangerous places to hang around, but most people would most likely be worried about an explosion, rather than a simple slip and fall or trip and fall accident. In fact, these sorts of accidents are much more common and may be the fault of the gas station owner, operator or one of the employees who works there.
Due to the financial costs that accompany a serious slip and fall injury, you should consider the possibility of suing the gas station if you think you can prove that you were not to blame for the accident. A lawsuit against the gas station is more likely to succeed if you get professional assistance from an experienced personal injury attorney.
Slip and Fall Injuries at a Gas Station
Gas stations have a number of potential hazards present, and it is the responsibility of the owner and employees to address them. Signs are normally posted around the gas station warning customers to turn their engines off and not to smoke.
However, sometimes there aren’t signs that tell visitors where they shouldn’t step. If you do slip on a pool of oily material or any other product associated with the gas station, that business's negligence may mean that you end up in the hospital.
It’s the unexpected nature of the fall that often leads to injuries that are more serious than you would initially think possible. That means things like:
- cuts and bruises: these are usually fairly minor, but still need treating;
- broken bones in different parts of the body depending on exactly how you fell over and what you hit on the way down;
- brain damage or severely traumatic head injuries;
- spinal damage, especially if you fall flat on your back.
While many injuries can take place inside the store, it's still possible to injure yourself while you're outside, pumping gas. If you or your car were struck by another driver, you may also have grounds for a claim as well. For more information about car crashes at a Getty Station, please see our page: Car Accidents at a Getty Gas Station.
Determining Damages
If you slip and fall at gas station, you will need to show that negligence caused your accident and you will need to pursue a personal injury claim to recover compensation for your damages. All four elements of negligence must be proven. Here is a rundown of how the four elements of negligence would apply to a personal injury claim after a slip and fall:
- First, you must show that the gas station owed you a duty or a responsibility. This is simple because all businesses have a duty or a responsibility to maintain safe, clean premises for their customers.
- Next, you must show that they breached that duty. In this case, they didn’t clean up spilled gasoline near the pumps in a timely manner or put up warning signs so you could use caution.
- Now you must show that your fall was a direct result of the breach of duty by the store.
- Then finally, you must show that your damages are a direct result of the fall that was caused by the breach of duty.
Your personal injury lawyer will be able to prove this and will build a strong claim on your behalf, working to ensure you are fairly compensated for the damages you suffered in a slip and fall at gas station. You will need to gather supporting evidence and documentation to show how you were injured as well as when and where you were injured.
If possible, get photos of the accident scene. Also, ask any witnesses to provide you with written statements. Get the names of witnesses along with their contact details. Establish medical care right away, so there is no doubt that your injuries were a direct result of the slip and fall.
Maintain thorough records, including copies of medical bills, medical records, prescription receipts, receipts for medical devices, proof of missed work and lost wages, photos of the accident scene and your injuries, witness statements, the accident report, and any other documentation that will help show your damages and provide proof of the slip and fall.
Most gas stations have several surveillance cameras. Your entire slip and fall could have been caught on video by a camera. That video could be used as evidence in your personal injury case. Your accident injury lawyer will ask that the video be made available for review, and it will be submitted as evidence for your claim. Often, the video will reveal how long that the spill or risk existed so they can determine if there was enough time for it to have been addressed.
If you suffered a slip and fall, you will need to enlist the help of a personal injury lawyer who is licensed in your state. When you enlist the help of a personal injury lawyer, you will not have to pay anything upfront. Instead, personal injury lawyers work on a contingency basis, which means they are not paid until you win your claim and get a judgment or a settlement.
There is a strict statute of limitations for pursuing a personal injury claim after a slip and fall. You will need to ensure your claim is filed before the deadline, or you will not be able to recover compensation for your damages.
What to Do if You are Injured at a Gas Station
It’s never easy making a personal injury claim against gas station or any other prominent company, even if you think you have an open and shut case.
This is why you should contact a personal injury lawyer who has specific experience litigating against oil companies and gas station operators. The lawyer will know whether you have a good chance of winning a claim for compensation and will help you pursue a personal injury 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 Getty Oil, or another party, you may not be entitled to any compensation.
