Shopping Slip and Fall Injuries
Shopping Slip and Fall Injuries are very common. If you have been injured in a shopping slip and fall, here are some considerations to think about. If you feel the store owner is fault, you may want to speak to a personal injury lawyer like Brian Hoag.
Types of Shopping Slip and Fall Injuries
Shopping slip and fall injuries occur in a store, shopping mall or other retail center. Some injuries can be very serious, including broken bones, sprains, head and neck trauma, spinal cord injuries and death. Any of the following could cause shopping slip and fall injuries:
- Wet floors or torn carpeting
- Poor lighting
- Escalator mishaps
- Falling objects
- Retail displays
- Shopping cart injuries
- Overcrowded conditions (Black Friday)
- Parking lot injuries
Proving Shopping Slip and Fall Injuries
In order to have a claim, you must be able to prove the following conditions:
A store owner manager has a responsibility to maintain and clean up the premises from potentially harmful conditions. The court will have the opinion that slips happen. Items fall on the floor. Some items, like drainage grates, are necessary.
- Could a reasonable person see or anticipate the situation?
- Did you have permission to be where you were (such as an off-limits staff area)?
- Were there warning signs or a barrier?
- Is there a legitimate reason for the hazard to be there (drainage grate, etc)?
- Were obsolete items made safe?
- Was there a safer place/manner for the hazard’s location?
Notice involves several conditions. These are following accepted norms for maintenance, etc., failing to inspect the premises regularly, and allowing unsafe conditions to persist.
- Do business operations of maintenance, etc. deviate from accepted industry norms?
- Did the store owner/manager know about the hazard but ignored or delayed the clean up?
- Does the store owner/manager inspect the premise inspected regularly?
- Did the owner or an employee cause/know about the hazardous condition?
- Has the condition existed long enough that the owner should have known about it?
- Does the property owner have a regular procedure for examining and cleaning or repairing the premises?
You must be able to show that the owner knew/should have known about a dangerous condition. The jury will expect you to show that an unreasonable hazard existed. In addition, you must show that the owner did not take care of the situation in a timely manner.
- Did poor or broken lighting contribute to the accident?
- Would a careful person notice and avoid the dangerous spot?
- Were you paying attention to your surroundings?
- Were you running, jumping, or engaging in horseplay?
Claiming that the injuries suffered are a direct result of the accident is not simple.
- Are your injuries consistent with the dangerous condition?
- Did you suffer actual damages (medical bills, lost wages, etc)?
Personal Responsibility and Shopping Slip and Fall
Once you file a claim, an insurance adjuster will interview you. They will ask about your actions and how they may have led to the incident. They are determining comparative negligence – did your actions contribute to the incident and by how much? You should consider discussing this with a personal injury lawyer who can advise you.
About Brian Hoag
Hopefully, you will never be in a position in which you need the legal services of a Tampa personal injury lawyer that specializes in slip and fall liability, but if you do, please give Hoag Law Firm a call or complete your online Free Case Evaluation. A free consultation can help you understand your rights. With honest advice and an experienced attorney at your side, you can recover the largest possible settlement. You’ll love getting back to living your life.