A slip and fall injury can occur anytime people are out shopping at their local retail chain. Large discount retailers are becoming more popular due to lower prices, but safety can often be an issue for the customer. These chains typically hire inexperienced workers for lower wages and then don’t provide the necessary training.
Determining Liability For Your Claim
The key factor when determining liability in a slip and fall injury case is to show that Sam’s Club was negligent. A slip and fall injury can occur when a business owner:
• Fails to clean up spills on the floor, such as water or other liquids
• Uses an excessive amount of wax on the floor causing it to be slippery
• Failed to use warning signs or cones apprising customers of a dangerous condition
• Torn carpet, rugs or improperly secured mats
• Debris or food left on the floor or out in the aisles
• Uneven pavement, broken curbs or sidewalks in the parking lot, entrance or walkway
• Inadequate lighting reducing the customer’s visibility
Also, some state laws require a business owner to keep their premises free from ice and snow under certain conditions. For example, a business owner may be liable if a defect on the property was to blame for an unnatural accumulation of ice or snow, such as a blocked drain.
Store owners have a duty to protect their customers and keep the premises safe. They are required to inspect the property, inside and out to prevent the existence of hazardous conditions. To prove negligence, the victim must be able to show that:
• The business owner or employee directly caused the dangerous surface or condition to exist
• The owner or employee knew or should have known about the hazard and did nothing to take care of it
• The owner or employee had time to discover the situation and clean it up
When determining negligence, some states use the rule of comparative or contributory negligence. If the injured victim was careless in their behavior and contributed to the accident, their compensation for damages may be reduced. In legal terms, this is known as comparative negligence.
Recovering Compensation For Your Injuries
Once you have established that the defendant can be held accountable for your injuries, you can seek compensation for the following:
• Costs for all medical care, including hospital and ambulance bills, medications, and rehabilitation treatment
• The Past, present and future income lost due to injury or death
• Physical and emotional pain and suffering
• Loss of consortium may be sought by one spouse when the injured victim is unable to provide their partner with love, affection or engage in normal sexual relations as they did before the accident
• Permanent disability, such as the patient fails to regain consciousness or remains in a coma
Sometimes a victim’s injuries may be caused by the owner’s willful or reckless conduct. For example, they knew that someone would trip over liquid on the floor and made no attempt to clean it up. In that case, the person may be entitled to collect what are called punitive damages, which can be awarded to punish the defendant for their behavior and deter others from engaging in similar behavior in the future.
Seek Legal Advice From a Personal Injury Attorney
It is advised to file a lawsuit immediately after your injury, usually within 30 days. If you wait too long, it may appear as if you are trying to file a frivolous lawsuit rather than a legitimate one. Our law firm focuses on several areas of law, including auto accidents, on-the-job injuries, insurance claims and even wrongful death cases.