When Suing a Retail Store for Injuries

December 31, 2021 | By Frankl Kominsky Injury Lawyers
When Suing a Retail Store for Injuries Being injured in a retail store can make what was supposed to be a pleasant time out, painful and stressful. Slips and falls, and other injuries happen all the time in retail stores due to the lack of store owners making necessary measures to keep customers safe. Our expert Wellington premises liability lawyer is here to explain further.  If you have sustained an injury while visiting a retail store, you might be eligible to seek extra compensation. Proving the negligence of a store, however, can be tricky. Having the help of a Port St. Lucie Personal Injury Lawyer can be very beneficial for your case.  We have compiled a guide that gives you all of the answers to your questions when suing a retail store for your injuries. 

Common Accidents in Retail Stores

You may have never encountered an accident while you were out shopping, but injuries can happen at any given moment.  Grocery stores, restaurants, shopping malls, and basically any business that is open to the public can provide an atmosphere where an accident is likely to occur, whether it is a chain store or locally owned. The only difference is that local stores will likely not have a solid Boynton Beach premises liability law firm on their side to fight against lawsuits.  Here are the common accidents a person can experience while out at a retail store:
  • Slip and falls
  • Being struck by fallen merchandise or objects
While those are only two occurrences, there are a lot of repercussions following these incidents. Slip and falls can occur from uneven surfaces, spillage, or leaks that were not cleaned up properly or at least did not have a warning.  The falling merchandise or objects could have been secured if the store manager was aware of the loose objects, such as a store sign, for instance. If you are walking outside and a store sign falls and hits you, it is likely that sign was loose for a while, and the store owners failed to have it fixed to prevent an accident like this.  Sometimes the lack of security a store has can create other problems. It is the store’s duty to keep their premises safe for customers that are on their property. If they fail to do so, you have the right to file a lawsuit against them under special circumstances.  If you’ve experienced an injury at a store from negligence, continue reading to know what suing a retail store involves. 

How To Sue A Retail Store For Injuries

The biggest key in winning a case against a retail store is proving their negligence. If you trip and it was not due to the negligence of someone else, it will not constitute a means to file a lawsuit against a store. However, if you are unsure whether or know it was someone else’s fault, a lawyer can step in and help. If you decide to sue a store for injuries, it is important that you have appropriate evidence for your lawyer to work with. Anytime that you suffer an injury at a store, take photos of the scene if you are able to. If a sign has fallen, take a photo of the sign or puddle with no warning sign if that is what caused your injury.  For slip and falls, sometimes the information about the scenario is important for proving fault in your case. For instance, why was the floor wet and how long had the floor been wet. The store owner has to have reasonable time to know of the slippery and dangerous surface to place necessary warnings or fix the danger. For example, if you see someone spill a drink on the floor and then a few seconds later you walk in that area and end up slipping, that will not work for your case since that is not enough time for the store to clean the mess or put out a caution sign until they resolve the issue. However, if that spilled drink had been there for hours and not cleaned up, you could potentially have a case, depending on the details. Picture proof of the scene can speak volumes for your position in your case. Before you file your lawsuit, speaking to an attorney in Port St. Lucie, Florida, can give you the best indication of your position and the possible outcome of your case. They will ask you questions about the incident and how it occurred to be able to distinguish if the store should be held responsible or not. 

Understanding Slip and Fall and Personal Injury

If your case is eligible for filing a lawsuit, your lawyer will tell you to file either a slip and fall or personal injury. Slip and fall is under the umbrella term of personal injury, which in the legal realm means a person has succumbed to an injury at the expense of the other person’s negligence.  A personal injury case would work if merchandise fell on you or if you suffered another type of injury that’s not a slip or fall. It can become complicated to know who to sue for a slip and fall if it is a locally owned store that’s renting out the property. Do you sue the landlord or store owner? It all depends on the accident.  For instance, falling merchandise falls under the category of the store owner. Water leaks or damages to the property that contribute to the slip fall under the responsibility of the landlord since they are required to fix any issues with the buildings.  To better understand who’s at fault, speak to your legal representative.  It would be very difficult to take on a legal matter such as this by yourself, no matter if you’re filing against a corporation or local business. That’s why the help of an experienced attorney can help. Lawyers can give you the best advice in filing against businesses in these tricky scenarios and speak on your behalf against another legal team.  The attorney you hire will ask you questions about the accident and ask for any evidence you have for them to use. It’s important that when you’re speaking to your attorney, you answer all of their questions thoroughly so they can build the strongest case possible. Going up against retail stores can be difficult, especially if it’s a corporation. Corporations have strong legal teams on their side to try and protect themselves against lawsuits such as these to avoid losing money and having negative PR exposure. 

Find Your Attorney Today

Seeking help to file a lawsuit against a retail store is key, especially if it is a major chain store. Port St. Lucie Personal Injury lawyers with years of experience know the ins and outs of Florida’s statute of limitations and how to evaluate the evidence for your case. Frankl Kominsky Injury Lawyers has 40 years of experience fighting lawsuits against retail stores that negligently failed to provide a safe atmosphere for innocent civilians. Our four decades in the business have taught us how the other side thinks and what moves they will likely make to try and win the case. Because of this, we are confident we know how to establish the details of your case and fight against them.  Start building your case today by contacting us. Call our firm at (561) 800-8000 or fill out our free case evaluation form online by visiting our website. We look forward to hearing from you and helping you seek the rightful compensation you deserve. 

Legally Reviewed By: Steven L. Frankl

Steven L. Frankl represents clients in cases of catastrophic injury, wrongful death, motor vehicle accidents, trucking accidents, medical malpractice, and product liability, as well as slip/trip fall accidents and nursing home neglect. Mr. Frankl’s practice is built on the pursuit of justice and fair compensation for his clients.

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