When you go to a warehouse or store, it is only normal to expect the premises to be safe and free from dangers, such as loose tiles, misplaced rugs, or spills that have gone neglected.
When you suffer a slip and fall in a retail establishment, you may be able to pursue a personal injury claim against the store for premises liability. You will need to gather evidence and supporting documentation for your claim that proves why you fell, how you fell, your injuries, and why the store is liable.
For your personal injury claim to be successful, you must prove that the store and its employees were negligent. All four elements of negligence must be proven and applied to your specific accident.
The first element of negligence is to show that the store owed you a duty or a responsibility. In this case, that is obvious. Any business has a duty or a responsibility to maintain safe premises for customers. So, the first element has been proven.
The second element is to show that the store breached that duty. As an example, there was a spill on the floor for two hours and employees failed to put up a wet floor sign to warn customers and they didn’t promptly clean up the mess.
Because of the spill, which was unbeknownst to you, you slipped and fell suffering a back injury. The third element of negligence is to show that your slip and fall is a direct result of the breach of duty – in this case, the failure to take care of the spill on the floor.
The last element of negligence is proving that your injuries and damages are direct results of the accident caused by the breach of duty. You must prove that your herniated disc and back pain were caused by the slip and fall in the warehouse club.
If you hadn’t fallen in the store, you wouldn’t have been suffering such pain and you wouldn’t have accumulated the medical bills that your care has led to.
A slip and fall at can be a very frightening experience. All too often, serious injuries are the outcome and you are unable to go back to work as a result of the unexpected accident. You may never be able to return to a full-time job, which can have serious effects on your finances and wellbeing.
If your slip and fall accident was the result of someone else’s negligence, you may be able to file a personal injury claim against that person or business. Don’t wait too long after your slip and fall accident to contact a personal injury attorney. That attorney will be able to assess your eligibility to make a personal injury claim against a store.
Most warehouse clubs sell in bulk and straight off of pallets. The clubs sell, among other things:
- Designer goods
- Jewelry
- Electronics
- Eyeglasses
- Seasonal items
- Clothing
- Food
Why Is a Slip and Fall Accident Possible?
It doesn’t take much to work out why a warehouse is likely to be a place where slip and fall accidents take place—between food spills and pallets, there are plenty of ways to slip or trip and fall.
In most cases, slip and fall accidents are the result of negligence on behalf of those who run that particular warehouse. Unfortunately, many businesses don’t employ sufficient staff to ensure their premises are checked at regular intervals, which can put customers at risk.
A personal injury can vary from quite minor to very serious. A minor injury could be a bruise or scratch, while a more serious injury could be a broken limb or a spinal injury. If you fall backwards, you are more likely to get a spinal injury, while falling forwards could lead to a head injury if you hit your head on a protruding object.
Evidence For Your Slip and Fall Claim
If you slip and fall anywhere, you will need to do everything that you can to maintain evidence and to gather documentation to support your claim. Be sure to notify the store of your injury right away. Tell an employee, ideally a manager, about what happened.
They will need a statement from you so they can complete an accident report. This accident report is essential to the success of your claim. If your injuries are serious, call an ambulance. If you call an ambulance, the police will complete an accident report.
You will need a copy of that accident report as well. If you are physically able to do so, get photos of the accident scene. This can show the spill on the floor and where it was located and prove that there were no warning signs posted.
Ask any witnesses for their names and contact details as they will be needed later to support your claim and to provide statements. Hopefully, a surveillance camera in the vicinity of your fall caught your accident on video. That way, your personal injury lawyer can subpoena the video through the Freedom of Information Act, and it can be used as evidence in your case.
Failing to establish medical care right away can be detrimental to the success of your personal injury claim. By getting treatment quickly, you can show the casual connection between your injury and the slip and fall.
If you wait to seek treatment, it can be difficult to prove that you were injured in the fall. You should maintain through documentation to support your claim and to help you recover a fair settlement as well.
Keep copies of medical bills and medical records, so you can be sure that you have evidence of your damages and the associated costs. Document any missed work and lost wages as well. Here are some of the documents that you can use as evidence for your slip and fall claim:
- Accident report
- Witness statements
- Photos of the accident scene
- Medical records
- Medical bills
- Proof of missed work and lost wages
- Surveillance video of the fall
Be sure to keep all your records as they will be needed to help determine your damages and to calculate the value of your case so a fair settlement can be figured. Your slip and fall injury lawyer will assist you in calculating the losses, determining your damages, and ensuring future losses as considered in addition to past losses.
The Statute of Limitations
A statute of limitations applies to every personal injury claim, including slip and fall cases. The statute of limitations varies depending on the state in which the accident took place. You will need to check the laws in your state, but generally the statute of limitations varies from one year to three years.
If you wait too long, you will be barred from filing a claim and recovering your losses. If the claim is filed even a day or two past the expiration of the statute of limitations, you will not be able to be compensated for your losses.
If you have suffered injuries in a slip and fall at Sam’s Club, or any other warehouse, enlist the help of a personal injury lawyer who handles slip and fall cases in your state. Working on a contingency basis, your attorney will not be paid until you win your claim and receive a settlement. Schedule your free case review today.
An Experienced Accident Attorney Is Waiting For You
Retail outlet owners can be difficult to negotiate with after a slip and fall accident. Moreover, it can be difficult to know how to effectively start filing a claim if you’re going through the process by yourself.
However, an experienced personal injury attorney may be able to take up your case and fight vigorously on your behalf to win a claim for you that will cover the financial disadvantages of an accident that was not your fault. Personal injury attorneys have the knowledge to be able to persuade insurers to pay a claim that is rightfully yours.
Be sure to act quickly; a statute of limitations may affect your claim, and the sooner you act, the better your chances of getting compensation.
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 Sam’s Club or any other party, you may not be entitled to any compensation.
