I Was Injured from a Fall at a Department Store. How can I get help?
If you have slipped and fell while shopping at a department store, you may be able to pursue a personal injury claim against the retailer for premises liability issues. When a store is open for business, they have a responsibility or a duty to keep the premises safe and free from any obstacles, dangers, or risks.
That means spills and messes should be promptly cleaned up and any damages or maintenance issues should be properly repaired in a timely fashion.
Department stores are often large, cluttered mazes overflowing with merchandise, shoppers and employees. It is easy to imagine how someone could slip and fall at the store, whether as a result of merchandise left or fallen into the aisles, being bumped into by fellow shoppers or employees or slipping on a wet floor when the weather outside is rainy or snowy.
A slip-and-fall accident could mean an unfortunate “new normal” for the victim, including doctor’s visits, hospital stays, rehabilitation, lost wages and constant pain.
All large retailers have a legal responsibility to make sure you – the customer – have a safe shopping experience, both outside the store in store-owned or maintained parking lots and sidewalks, in the store bathrooms and other public areas. This includes keeping the floors and outside areas free of clutter, debris, ice, water and other liquids, as well as keeping items on shelves and other display units safely secured so they can’t fall on customers. Department stores must also make sure foot traffic flows in a safe manner and that escalators and elevators are well-maintained, clean and safe.
Federal regulations require retailers to set procedures for cleaning up spills and fixing broken shelves or other display units. In addition, the store is required to log and notify authorities about any reported slip and fall or other accident that happens on the premises.
Hazards in Any Store
Despite all these safeguards, accidents do happen, and they may be caused by store negligence. Slip-and-fall hazards at a department store could include:
- Merchandise that has fallen off clothes racks or display tables
- Merchandise left on the floor in dressing rooms
- Improperly constructed shelves and merchandise racks
- Poorly placed display merchandise or signage
- Slippery floors resulting from a sick customer’s vomit not cleaned up by store employees
- Spilled beverages brought from other parts of the mall
- Food brought in by customers and dropped on the floor
- 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
- Tripping caused by inadequate lighting inside or outside the store
What to Do After a Slip and Fall
You should immediately notify an employee of the department store of your fall. The store will need to complete an accident report. If 911 is called because of your injuries being serious, the police will complete a report as well. You will need a copy of any accident report to support your claim.
Also, if you are physically able to do so, get photos of the accident scene. These pictures can help prove where you fell, how you fell, and why you fell.
Your fall may have been caught on surveillance camera. Most retailers have surveillance cameras located throughout the buildings. If your slip and fall was caught on video, it can be used as evidence in your case.
The video could be very helpful in proving your case and showing that negligence was the cause of your accident. Your lawyer can request the video through the Freedom of Information Act.
Here are some pieces of evidence that is essential to your claim. Remember to maintain a file of documentation to show the extent of your damages. You must prove negligence and show that the store is liable for your damages.
- The accident report
- Witness statements
- Photos of the accident scene
- Surveillance video
- Medical bills
- Medical records
- Proof of missed work and lost wages
Proving negligence is essential to the success of your slip and fall claim. There are four elements of negligence and all four must be proven for your case to be successful. The first element of negligence is to show that the department store owed you a duty or a responsibility.
In this case, that is easily proven because any place of business owes its customers or visitors a duty to maintain safe premises. Any damaged areas that are dangerous should be indicated as such until repairs are made. Any messes should be properly cleaned up and any wet floors or spills should be marked with a wet floor sign.
You will then need to prove that the duty the department store owed you was breached. For example, they failed to clean up a spilled drink they were aware of, or the roof was leaking near the dressing room and they didn’t put up a wet floor sign.
Third is showing that the accident is a direct result of the breach of duty. As an example, you wouldn’t have fallen if there wasn’t water pooling near the dressing room. Then lastly, you must prove that your injuries and damages are directly from the slip and fall by the dressing room.
How Long Do You Have To File A Slip And Fall Case?
If you have suffered injuries in a slip and fall, you have a limited time to file a claim and pursue a settlement. Every state has its own laws regarding a statute of limitations for pursuing a personal injury claim.
Of course, the statute of limitations that applies to your slip and fall case depends on the state where the store where you fell is located.
Usually, the statute of limitations varies from one year to three years, so you will need to familiarize yourself with the laws where you are located. If you wait too long and the deadline has passed, you will not be able to recover compensation or reach a settlement for your damages.
Time is of the essence, so don’t delay filing a premises liability claim after a slip and fall. You should consult with a personal injury attorney right away so you can make sure that your claim is filed in a timely manner.
The plaintiff said her pain and injuries resulting from the fall affected her ability to work. The case was settled before arbitration for an unknown amount. If you were injured in one of the company's stores, you may want to see our page about how to file a claim against J.C. Penney.
Of course, no two cases are the same and the claim value varies based on the extent and severity of the injuries as well as the medical expenses and the circumstances surrounding the injuries and the slip and fall.
If you have been in a slip and fall, you should talk with a personal injury lawyer who is licensed to handle such cases in your state. With the help of a lawyer, you are much more likely to get a fair monetary settlement for your case.
When you hire an accident injury lawyer, you have nothing to lose. Such cases are taken on a contingency basis, so your attorney will not get paid until you have recovered compensation for your losses through a judgment or a settlement.
Because of the statute of limitations, you should not delay consulting with a lawyer about your case. Schedule your free case review today, so you can make sure your claim is handled effectively and efficiently. Be sure to preserve evidence and documentation to prove the severity of your injuries and why you fell as well.
Most big department stores are owned by large companies with high-priced lawyers who are experts in defending personal injury claims. Seek help immediately from an experienced personal injury lawyer to represent you if you feel you have a claim against the company. A lawyer will help you through the claims process and, in many cases, may agree not to be paid unless you win your case.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against J.C Penney, or any other party, you may not be entitled to any compensation.
