Can I Sue A Retail Store In A Personal Injury Case?

Child injured in a retail store

Nobody expects to get injured when they are out and about shopping. Accidents can happen anywhere and at any time, especially when you least expect them. However, people rarely imagine something might happen to them when they are at their favorite store shopping for groceries or something they need.

Unfortunately, no place is safe. From slip and fall accidents to falling debris or a host of other possible situations, injuries do tend to happen at retail stores. What was supposed to be a pleasant time out and about can quickly turn into a painful, stressful, and traumatic experience. 

Have you suffered an injury while on a visit to a local retail store in Port St. Lucie because the store owners did not take the necessary measures to ensure the safety of their visitors?

You might be wondering if it is possible for you to seek reparations for the damages you incurred due to their negligence. It might be possible for you to qualify for seeking a compensatory settlement, especially if your injuries were severe. Of course, suing a retail store in a personal injury case requires proving its negligence as being the reason for your injuries.

Simply suffering an injury at the store is not proof enough. You need to prove that it was an oversight by the store that resulted in your injuries. Taking on the help of Port St. Lucie personal injury lawyers can help you become financially whole again.

Yes, it is possible to sue a retail store in a personal injury case. However, it is important to understand the intricacies of the situation to make more informed decisions when seeking your rightful compensation. This post will tell you what you need to know if you ever find yourself in a situation like this.

What Are the Common Accidents That Happen in Retail Stores?

If you have never been in an incident when you have gone out shopping in the Sunshine State, you should consider yourself very lucky. Injuries can happen at any moment in retail stores.

Restaurants, shopping malls, grocery stores, and any businesses open to the general public might appear to be some of the safest places to be. However, these places could have the perfect environment for accidents to occur, especially if the people responsible for managing these businesses are even slightly negligent in their duties.

Slip and fall injuries and getting hit by falling products are two of the most common sources of accidents in retail stores. Slip and fall injuries could happen due to leaks that were not properly repaired on time. You might slip because the floors were mopped, but there was no warning sign for a slippery floor placed there to ensure that people do not slip.

You might trip over an object left on the floor that wasn’t removed by the person responsible. Perhaps a sign was loose for a while, and storeowners failed to get it fixed, allowing it to fall on unsuspecting patrons like yourself. The possibilities are endless.

It is the store’s duty to ensure the safety of all the people visiting the premises. If you get injured on the property due to their failure to fulfill their responsibility of ensuring safety, you will be well within your rights to file a lawsuit against them to compensate you for the injuries that could have been avoided.

How can I Sue a Retail Store for Causing My Injuries?

The main factor that can help you successfully sue a retail store and win a settlement in compensation for your injuries is to prove that their negligence caused your injuries. You cannot expect to file a lawsuit against the retail store if you tripped and fell on your own. However, if you are unsure if someone else was at fault resulting in your slip and fall injury, you should consult a lawyer to help you determine the best course of action.

You cannot file a case against a business for causing your injuries unless you have evidence proving that it is indeed their fault. You can involve a personal injury attorney to seek reparations, provided you have proof of your claim.

If you are ever injured at a store and you are capable of it, you should take pictures and videos of the scene. Suppose that a fallen or misplaced sign caused your injuries. In that case, you should take pictures of it. If you slipped and fell on a wet floor with no warning sign, you should take pictures of the puddle or wet floor showing the lock of a proper warning.

Slip and fall cases can be tricky to prove because you need to have more information about the situation. The store owner cannot be held liable if you slipped and fell after someone spilled a drink and you slipped on it a few minutes after. Of course, if the dangerous situation was there for several hours and the store owner failed to take action after a reasonable time passed, you might have a strong case against them.

A qualified personal injury attorney can give you an objective opinion regarding the situation. Take pictures and speak to an attorney practicing personal injury law in Port St. Lucie. They can examine the details of the situation and tell you whether you have the grounds to sue the retail store for causing your injuries.

Should I File a Personal Injury Case or a Slip and Fall Case?

Assuming that your situation qualifies for a lawsuit, your attorney will either recommend filing a personal injury or a slip and fall lawsuit? Slip and fall cases are a specific category of personal injury cases, but these cases particularly focus on a person incurring injuries due to someone else’s negligence. A personal injury case might be a more viable case to file if any merchandise fell on you or you suffered an injury on the property that is not considered a slip and fall.

Knowing which type of case to file can vary based on whether the store owner owns the property or is renting the property. Who do you sue? The landlord or the store owner? Depending on the accident, you might have to go with different options.

Injuries caused by falling merchandise could be considered the store owner’s fault, making them the party liable to pay damages. However, injuries caused by leaking water on the property could fall under the responsibility of the landlord due to their failure to address the problems on time. Speaking to a qualified attorney at law specializing in cases like these would be the best way to determine who is liable to cover for your injuries.

Speak to a Qualified Personal Injury Lawyer Today

You have the option to file a case against businesses to seek damages without working with a lawyer if their negligence caused your injuries. However, it might be a better idea to work with a lawyer if you want to improve your chances of actually winning the case.

Smaller local stores might not have a robust legal team to represent them, and they might be more agreeable to reaching a settlement to compensate you for injuries without involving lawyers. Larger chain retail store owners might not consider entertaining such situations without putting up a fight.

In either case, proving the store’s liability can be challenging, if not impossible. Getting help from a legal expert who knows the ins and outs of personal injury law might be your best bet to securing a settlement that accurately reflects the damages you incurred.

Trustworthy Port St. Lucie personal injury lawyers working on a contingency fee can give you the best chance to win a settlement for the injuries you suffered. Consider contacting Frankl Kominsky Injury Lawyers to work with an experienced team of personal injury lawyers with a track record of getting desirable outcomes for their clients.

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About the Author: Abhay Choubey


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