It can be serious business having an accident which you didn’t expect. If you are aware that hazards exist where you are walking, you are likely to be more careful.
However, it is often the situation that you are in somewhere familiar like a supermarket and you stumble and fall over because of an obstacle or hazard that really should not have been there if the supermarket staff were doing their job properly.
Most states allow you to claim compensation if you can prove who was at fault. This is unlikely to be easy even if you have been saddled with bills for medical treatment and lost earnings because someone else failed to prevent a simple hazard.
It may be wise to discuss your legal options with an experienced personal injury attorney before filing a claim on your own.
Accidents in a Supermarket
There are a number of ways that could cause you to wind up on a hospital bed after a nasty fall in a supermarket. Most accidents in supermarkets and stores are caused by floor surfaces that are slippery, uneven or are encumbered by obstacles.
In most supermarkets these hazards are spotted by staff and attended to before anyone gets hurt.
Occasionally, store safety standards are not as good as they should be and hazards are left unattended or not removed quickly enough. No-one can blame supermarket employees or management if something rolls off a shelf and causes someone to slip or trip over on it within minutes of it landing on the floor.
But if these sorts of obstacles are left where they are for hours or not removed when reported by customers, then this would be evidence of negligence.
If the supermarket floor does become slippery because it has been recently cleaned or something has leaked, the easiest solution is to put warning notices up to warn customers that there is a potential slip and fall hazard.
Slip and Fall at Supermarket
If you are shopping and suffer injuries in a slip and fall accident, you may be able to pursue a personal injury claim against the supermarket if you can prove that the incident was caused by the negligence of the store’s employees. When you are filing a lawsuit against a store for a slip and fall injury, you will need to prove that the injury was caused by the store’s negligence. In that case, all four elements of negligence must be met.
The four elements of negligence include – showing that the grocery store had a duty, showing they breached that duty, proving the breach of duty led to your accident, and then lastly, showing that your injuries were a direct result of the accident – in this case, your slip and fall.
As an example, you were visiting supermarket and as you walked down the aisle by the cleaning supplies, you slipped and fell because of laundry detergent that had leaked onto the floor. When you fell, you landed on your back and hit your head on the shelving. There were no signs warning you of the liquid on the floor, and no employees were coming to clean it up. This shows that supermarket has breached its duty. Your fall was the result of the breach of duty. Your injuries to your head and back were a direct result of the fall.
Evidence To Support Your Personal Injury Claim
You will need as much supporting evidence as you possibly can gather to support your personal injury claim against a supermarket for your slip and fall because of the laundry detergent. If possible, get photos of the accident scene and of any visible injuries that you have suffered. Be sure to notify a supervisor or manager right away so they can complete an accident report.
You should ask any witnesses to provide written statements regarding what they saw and be sure to get the names of witnesses as well as their contact details. Establish medical care right away, which will enable you to show that your injuries were directly caused by the slip and fall. Be sure to maintain thorough documentation to support your claim. Here are some things that can help support your claim after you were injured in a slip and fall at supermarket:
- Medical bills
- Medical records
- Proof of missed work and lost wages
- Proof of the need for future medical care
- Documentation to show the future loss of earnings
- Accident report
- Witness statements
- Photos of the injuries
- Photos of the accident scene
You should look to see if a surveillance camera is in the vicinity of your accident as they may have caught the entire incident on tape. If there is a camera, it can show how long the spill was there before your fall and if there was enough time for employees to have become aware of it and clean it up.
What To Expect From A Settlement
Your personal injury attorney will review the details of your case, gathering supporting evidence and documentation, and then get your claim on track. Often, when it is obvious that negligence can be proven, the business’s insurance company will work to negotiate a settlement and prevent the lawsuit from advancing to court.
When you file your personal injury claim against a supermarket, you will need to include all your damages in the claim and itemize the list – showing the value of each damage and then determining the total value of your personal injury claim at the end. Here are a few of the more commonly claimed damages from a slip and fall accident in an establishment such as a supermarket:
- Medical expenses
- Future medical expenses
- Lost wages
- Future loss of earnings
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Mental anguish
- Property damages, such as torn clothing or broken eyeglasses
- Permanent scarring and disfigurement
Of course, the severity of your injury and the extent of your damages impact the value of your personal injury claim from the slip and fall. If you suffered a back injury that requires surgery and that will result in you having to change professions, you should receive a settlement much greater than someone who suffered a sprain wrist that will completely heal in about four weeks.
Monetary damages are calculated using your medical expenses. Of course, the higher your medical bills – both past and future – the greater your settlement. The severity of your injury also comes into play. Your accident injury attorney will use a multiplier to multiply the total of your medical bills and determine your pain and suffering claim value. As an example, if you suffered a life-altering back injury that caused you to change professions, then a higher number, such as a 4 or 5 will be used as a multiplier. If you suffered a painful injury that will heal fully in a few weeks – such as a sprain or a strain – then a lower number such as 1 or 2 would be used as a multiplier.
If you were shopping at a supermarket and suffered injuries in a slip and fall that you believe were the result of the negligence of employees, you should enlist the help of a personal injury lawyer who handles such cases in your state. Get your free case review today, so you can ensure your claim is on track in a timely manner.
Ask a Personal Injury Attorney for Advice
Despite liability laws, most insurers do not like paying out compensation if someone makes a claim against their client because of an injury caused by negligent management. If you try and negotiate directly with the supermarket’s insurer you may get nowhere if they deny responsibility.
If the circumstances are clearer, you may be offered a token amount in the hope that you don’t sue the company that owns the supermarket or any of its staff.
The best solution is to discuss your accident with a personal injury attorney first before filing a claim. The attorney will advise you about your chances of success and help negotiate the claim on your behalf.
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 ShopRite, or any other party, you may not be entitled to any compensation.
