If you have sustained injuries after falling during a trip to a store, please contact a personal injury attorney who handles these types of claims. The claims are referred to as slip-and-fall cases in personal injury law. Usually, these claims cover any falls that resulted in injuries. You may be able to receive compensation for lost wages, medical bills, pain and suffering, etc. If you have slipped and fallen recently, a number of attorneys can consult with you to determine if you have a claim.
Because some stores have a wide range of products that they sell, there are a wide range of slip and fall risks that the stores could have. Clothing is a major risk for TJ Maxx and Marshalls stores. Shopping baskets can also be in the floors and cause tripping hazards. Also, smaller items, such as jewelry and perfume can also can slipping risks.
HomeGoods is a store that specializes in furniture and larger items, and thus tripping risks are more prevalent here. Also, most floors are tiled and have a hard surface, so falling on these surfaces have a high likelihood of causing injuries.
Evidence For a Claim
Documenting the scene immediately is important in a slip-and-fall case. Please use a cell phone to take pictures and tell employees of what happened. Make an appointment with your doctor for an evaluation and records of any injuries. Present everything to the personal injury attorneys that you consult with.
Nonetheless, if you have been injured as a result of a slip and fall accident, you should consult with a personal injury attorney immediately to see if you have a case worth pursuing.
Proving Negligence After a Fall at a Store
If you intend filing a personal injury claim against a company because you have been injured in a slip and fall accident in one of their stores, you will need to show that the company was liable for the damages caused. Negligence can be shown to have occurred when you have proof that the injury was avoidable.
TJX stores, like all retail stores, have a duty to maintain safe premises. Any breach of that duty is evidence of liability, but it must be accompanied by evidence of what was the specific cause of the slip and fall accident and what the actual injuries were.
Most slip and fall accidents in a TJX store, or any other retail store, are because of slippery floors or obstacles that have been negligently allowed to remain on the floor. No one expects sudden spills of liquid or items on the floor to be removed straight away, but duty of care assumes that the management does something about these potential hazards as soon as is reasonably possible.
Ways that accidents can be avoided include putting up signs to warn customers of the hazard, mopping up spills of water or other liquids, repair to floor surfaces etc. If the store management fails to do this in a timely manner, then they have breached their duty of care and any accident caused could be shown to have been due to the store management’s negligence.
Scenario of How You Can Fall at a Store
TJX stores, like any store, are visited by all ages and genders. Stores are not reasonable to expect that every customer is an athlete or is able to respond quickly when they are confronted with a hazard. Loose floor surfaces are a common slip and fall hazard.
It would be reasonable to expect that any torn flooring or flooring surfaces that are damaged in some way should be repaired as soon as possible. This is part of normal maintenance for any large brand store. Loose or uneven flooring is a typical trip and fall hazard.
If a customer doesn’t see the hazardous surface in time, then they could easily fall over and hurt themselves. The worst injuries are when the customer falls awkwardly, twisting their body as they fall, or hitting a sensitive art of their body on something sharp or hard.
If this has happened to you, or if it does at some time happen to you in any store, it is important to obtain as much evidence of negligence as possible. Preferably, try to gather evidence at the time of the accident, although this is not always possible.
The priority, of course, is to get medical attention, even if the injury seems to be slight. It will be impossible obtaining compensation later unless there is a medical report. Evidence could be in the form of:
- statements made by other shoppers or staff who saw what happened and can confirm how it happened, e.g. there was a noticeable hazard that caused it;
- photos of the hazard that caused the accident;
- photos of the injuries sustained if they are visible;
- medical documentation, e.g. doctor’s report and diagnosis;
- copies of tests and scans;
- receipts and invoices of all costs incurred;
Contact a PI Attorney As Soon As Possible
It is never easy obtaining compensation through the insurer of a large corporation. Unless you have help from a slip and fall personal injury lawyer, you may not get the compensation you need or even get any compensation at all.
There are several things you can do by yourself at the time of the accident, such as thought that have already been mentioned above. These include obtaining eyewitness statements and taking photos. You should consider going over the details of your claim with the attorney as soon as you are able to do so to discuss what your chances are of obtaining compensation if you file a claim. Complete the Free Case Evaluation on this page today!
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*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against TJX Stores, or any other party, you may not be entitled to any compensation.
