Are you nursing some injuries after slipping and falling in someone's store? Or did a heavy item fall on you while shopping? Unfortunately, these accidents happen almost daily in Florida, and most people don't know what to do.
You can find a very unsafe condition in a store that exposes you to accidents. It could be a slippery wet floor. Sadly, a resulting accident can lead to a severe injury that causes you a lifetime of pain and suffering. In such situations, you may be eligible to sue the shop for personal injury and seek financial compensation for your pain, loss, and medical bills.
Premises liability
Every commercial property, such as a store or office, has the legal obligation to keep its premises safe for employees and visitors. Suppose they fail to maintain a safe environment and consequently cause injury to someone due to an accident on the property. In that case, they may be liable to pay the injured party compensation (damages). This is known as premises liability.
What happens when you're a victim of premises liability
When you're injured in a store due to the owner's negligence, you may be eligible to sue the store and recover damages. If your injury is just a scratch, most people will let go. But if it leads to a fracture or any condition requiring medical attention and bills, you have the right to file a personal injury case against the business.
However, the validity of your claim will largely depend on whether you can prove that the store was actually negligent and that their improper action or carelessness caused the accident. It's, therefore, a great idea to consult with a personal injury attorney near you and have them working on your side.
How to prove negligence
It's often complicated to prove negligence, but you'll typically need evidence in the form of a witness report and images or videos of the accident scene. So to keep your hopes of winning the case high, you want to take photos of the incident and your injuries as soon as it happens. Having a police report is also helpful.
In some cases, your injuries may be too serious for you to take out your phone and record. If that's the case, you will need someone to gather evidence on your behalf, such as a witness or whoever is with you.
But what if you were rushed to a hospital instantly and no one had the opportunity to get any evidence? Does it mean your personal injury claim has gone down the drain? No. If it becomes impossible to get physical evidence, an experienced personal injury attorney can still help you prove your case in court.
Two things to be conscious of after being injured in a store
Ask witnesses about what they saw
Someone near you will likely rush to help you when you get injured in a store. Ask them what they saw. If possible, ask them to put it in writing. They should date and sign it, as you can use it as evidence later. Also, try to get their contact information.
Be careful what you say
You always hear the line in movies, "you have the right to remain silent, for whatever you say can and will be used against you in a court of law." It applies to accidents and personal injury, not only criminal cases. No matter how small your injury is, you should inform the store owner and ask them to report the incident. However, do not make the mistake of apportioning blame to them or yourself. If you admit guilt for whatever reason, it will be used against you when you decide to sue.
The owner, as well as witnesses will likely ask about the cause of the accident. Do not answer. Avoid "maybes" since, at that point, you don't know if it was actually your carelessness or theirs.
Once the store owner files an incident report to the police, crosscheck it to ensure the information is accurate. Don't be too trusting at this point, as everyone will try to protect themselves.
Remember, anything you say offline or online may be used against you. So, avoid posting about the incident on social media until you've had an opportunity to speak with an attorney.
Common examples of store injuries due to negligence
Personal injury can result from the following forms of retail store negligence:
- Slippery floors
- Wet floors
- Unsecured and falling merchandise
- Contact with hazardous items with no warning labels
- Faulty or broken rails on staircases.
Final words
If you're a victim of a store's negligence, you may be eligible for damages within a time window. Your state law will determine this period, but it is usually four years in Florida. Speak with a personal injury lawyer on time and see if you can't get all the compensation you deserve.
