They are used by people who are moving house or who need extra space or someone in a vacation location who only uses their property now and again.
It is possible to be injured in a self storage facility.
There are few people around to help you if something goes wrong so as a storage renter you do have to take care. Some accidents may be due to poor maintenance at the facility. If you are injured you may be eligible for compensation. Talk to a personal injury attorney about your options.
What to Do After a Slip and Fall
Many people choose to store personal items and goods they have no room for in their own home in a storage facility. Most of these facilities have a range of options to keep your possessions safe.
This however doesn’t mean the storage facility is a safe place to be as every year people slip and fall on wet floors within the facility and snow and ice outside the facility.
When this happens it is possible to file a personal injury claim to cover the cost of the financial hardship caused by the slip and fall injury. In order to ensure the claim is successful, the storage provider's insurer will require documentary evidence proving that the injury was caused in a slip and fall accident on one of their premises.
Providing the right documentation and evidence is more likely to result in a successful PI claim. The sort of evidence that should be provided includes:
- the accident report that should have been drawn up by a responsible person delegated the job;
- witness statements proving the slip and fall took place;
- photographs taken by you or witnesses of the hazard that caused the slip and fall;
- footage retrieved from surveillance cameras in the facility;
- medical records provided by your doctor showing your diagnosis and the length of the recovery time;
- receipts for medical treatment you have paid for;
- invoices for unpaid medical treatment;
- a statement from your employer showing your weekly wage and how much you have lost so far.
Dangers in a Self Storage Facility
As the owner of a facility that allows public access, storage facilities have a responsibility to make their premises as safe as possible. Some accidents may be due to carelessness on the part of the storage unit renters, but others may be the fault of the self storage company. This is a list of some of the possible hypothetical dangers:
- The units themselves might be in a poor state of repair. The door of the unit you are renting may be hard to open and it could even collapse on you while you are dealing with it.
- Extreme weather events can loosen structural parts that are located around the self storage facility. Even if the weather is calm when you visit the self storage facility, a loosened part of the roof or wall can fall on you, causing an injury.
- In winter, access to the units may be covered in ice or snow. This may mean that you could slip over and injure yourself. The storage manager should ensure that accumulations of ice and snow are minimized if the units are still open.
- Many self storage units are located in a warehouse location. Access to these units may be on the inside of the warehouse. If the warehouse is poorly lit, this could represent a trip hazard as it will be more difficult to see where you are walking.
Non-economic and Economic Damages
As long as the evidence you provide is sufficient you should win a PI claim that is comprised of both economic and non-economic damages.
Economic damages cover the cost of all your medical treatment including devices like a wheelchair or assisted walking device. It also includes any lost wages while you are being treated.
It will also cover any additional help you may need in the home while you are unable to take part in everyday routine activities. Non- economic damages are more difficult to calculate, but are based on pain and suffering you have to endure due to the slip and fall accident.
Depending on the state where the slip and fall accident took place pain and suffering is calculated by using a multiple of the injured person’s total medical bills and loss of earnings. The multiplier typically lies between 1.5 and 4. For a milder injury the multiple decided by the judge is likely to be at the lower end of 1.5 times the total value of economic damages.
Drafting Your Slip and Fall Accident Claim
As soon as you have the evidence that proves your slip and fall injury took place when you were on the premises and your injury is serious enough to warrant filing a PI claim, you should start the PI claim’s process as soon as possible.
If the evidence cannot be disputed you should be in the position to send a demand letter to the storage insurer. You should also have a reasonable estimate of what your PI claim is worth. In your demand letter, you should provide details of the following:
- why the insurer is responsible for paying damages;
- a description of your injuries and medical treatment;
- a list of financial losses due to your injury which includes economic damages;
- the calculation for your pain and suffering.
All your financial losses should be backed up by evidence like receipts and invoices. Also photographs of the slip and fall accident and witness’s statements must be included in your demand letter as well.
How an Attorney Can Help You
Unless the PI claim seems straightforward you should always contact a PI attorney to help you through the often difficult process of winning a PI claim settlement. Your PI attorney will look through your evidence and decide whether it is sufficient for winning a successful PI settlement.
If there is anyway your demand letter will be more effective your PI attorney will advise you. Trying to take on a PI lawsuit on your own often leads to the insurer of the facility just offering a token amount in the hope you will settle.
You Need to Prove Negligence if Considering Legal Action
If you are injured while in any facility and believe that it was the fault of the company and not your fault you should talk to a personal injury attorney as soon as your injuries allow you to do so. An experienced attorney will be able to tell you whether you have a good chance of gaining fair compensation.
You do need to prove that an act of negligence has taken place and that the storage company was at fault. You also need to show that the negligence contributed to your injuries. The attorney will know how much evidence is needed and help collect it if that is possible.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Public Storage, or any other party, you may not be entitled to any compensation.
