Shopping is supposed to be fun and stress free. Sometimes, accidents happen. When accidents happen and people get hurt while shopping, your injury could fall under a broad concept of civil law known as personal injury.
Defining Personal Injury When Shopping
There are many types of injuries that could qualify for a personal injury claim. All personal injury claims meet the four elements found in negligent claims. If you believe that Staples, or any other store, was responsible for your slip and fall accident, you must be able to prove that Staples, or whoever responsible, was negligent in its upkeep of the store.
- A duty must exist. When we talk about duty, it means that someone has some sort of obligation to do something or not do something. For instance, every store has the obligation of safely stacking up their boxed products. They have an obligation of cleaning up spills and keeping the floors and the walkways outside as safe as they reasonably can for their customers.
- The duty must be unfulfilled. Using our example of am office supplies store, if heavy boxes of paper were placed on flimsy shelves or if other boxed products were inappropriately stacked this could be seen as a breach of their duty. It’s not safe for customers. If they did not clean up a spill or if they did not salt their sidewalk after it snowed, this could also be seen as not fulfilling their duty because it creates a dangerous environment for the store's customers.
- An actual injury must occur. Injuries aren’t always physical. They can be emotional or financial. However, when we refer to visiting a retail establishment like an office supplies store, the injuries are generally physical. If someone were to slip and fall and get a concussion from hitting their head, that would be an actual injury. If the shelves collapsed and caused heavy boxes of paper to hit someone and physically hurt them, that would be what is known as an actual injury.
- There must be direct causation. Causation can be explained using the ‘but-for’ test. Essentially, but-for the breach of duty, the injury would not have occurred. So, but-for the fact that the store placed too many heavy boxes of paper on flimsy shelves not designed for it, the heavy boxes wouldn’t have fallen and hit a customer in the head.
Proving Negligence
When you go into an office supply store, you have the right to expect clean, safe premises. They should make sure any spills are cleaned up and that any safety issues are repaired and properly addressed.
If you have suffered injuries in a slip and fall, you may be able to pursue a personal injury claim against the retailer with the help of a slip and fall lawyer. You will need to maintain supporting evidence and documentation to prove that your injury was caused by the store’s negligence.
There are many things that you can use as evidence in your personal injury claim. Here are some examples of strong evidence that you can use to support your claim and to prove that you suffered injuries because of the negligence of the employees at the office supplies retailer.
- If possible, get photos of the accident scene and of the visible injuries
- Check to see if the incident could have been caught by surveillance video
- Ask any witnesses to provide statements and be sure to get names and contact numbers
- Establish medical care right away and be sure to maintain medical bills and medical records
- Document missed work and lost wages
- Be sure an accident report is filed
You want to be sure that everything is properly documented so you can show what happened and how it happened. To have a successful personal injury claim, you will need to prove that all four elements of negligence have been met and that the store is to blame for your slip and fall.
Questions To Ask For Your Slip and Fall Claim
For your personal injury claim to be successful, you will need to show that the store was negligence. To do that, you will need to prove that they were aware of the situation and did not respond properly. Here are some questions that you need to ask and that must be answered so you can get your claim on the right track.
- First, ask if the store's management was aware of the hazard? If there was a spill on the floor, did the employees have time to discover it and correct the issue? If repairs were needed because of loose tile or cracked pavement, should the store have noticed it already? This can be determined through store records, witness testimony, and surveillance video.
- Was there a warning there to encourage you to use caution? Was there a warning sign to indicate there was a wet floor or was the area roped off or blocked off because repairs were needed?
- Had the employees tried to correct the problem? If so, why was the job not finished or completely corrected?
- Did they try to fix the problem? If so, how quickly was it addressed?
- How much time has passed since the problem initiated and the time that you fell?
The Damages You Suffered From a Slip and Fall
If you slipped and fell in a public establishment, you could suffer a variety of damages. These damages may affect you for years to come. Your medical bills can add up quickly, and your inability to work will also affect your entire family’s financial situation.
When you file a personal injury claim against Staples, or any other store, because their negligence led to a slip and fall, you may be able to recover compensation that will take care of the damages you have suffered.
Be sure to include all your damages in a single personal injury claim. Go over the damages with your accident injury attorney. Your lawyer will build your case and gather up supporting documentation as well. Here are some of the more commonly claimed damages:
- Medical expenses – past and future
- Lost wages including both past and future
- Pain and suffering
- Property damages
- Mental anguish
- Scarring and disfigurement that is permanent
- Long-term disabilities
When you add up your medical expenses, be sure to include everything. This will include doctor’s bills, hospital bills, x-rays and scans, labs, specialist visits, physical therapy, prescriptions, medical devices and any other medical care you require. Also, be sure to provide documentation that indicates any future medical care that you need so those costs can be claimed as part of your personal injury claim.
You will need to document any missed work and lost wages, so you can recover compensation for those as well. Also, be sure to gather documentation that indicates any future loss of earnings you may experience, such as missing work and losing wages or the inability to return to the same job and seeing a reduction of your income.
Supply detailed documents including medical records in addition to medical bills. Because of the complexity of such claims, you should make sure you are represented by a skilled personal injury lawyer that handles slip and fall claims. You will want a lawyer who is licensed in your state, so he or she is familiar with the laws that pertain to your situation.
Enlisting the Help of a Personal Injury Lawyer
If you were hurt when you suffered a slip and fall accident, you should schedule a case review with a slip and fall lawyer. These attorneys represent clients who slip and fall on other people’s property because of the negligence of the owners, managers, or employees. You will not have to pay anything out of pocket to retain a lawyer because personal injury attorneys work on the contingency basis.
By working on the contingency basis, they will not be paid for their services until you win your case and receive a judgment or a settlement for your slip and fall damages. At that time, the lawyer will receive the amount that was agreed when you retained them to represent you with your claim.
Schedule your Free Case Evaluation today so you can make sure your claim is on track in a timely manner. Only a personal injury attorney can accurately determine how much your settlement is worth.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Staples, or any other party, you may not be entitled to any compensation.
