- 1.1 What is a Slip and Fall Injury?
- 1.2 What Are the Elements of a Store Injury Settlement?
- 1.3 What Are the Legal Responsibilities of a Store Owner?
- 1.4 What Factors Determine Liability In A Slip And Fall Injury?
- 1.5 What Damages Are Available In A Store Injury Settlement?
- 1.6 Get Compensated for Slip and Fall Injuries Today
As they say, prevention is better than cure—and this certainly holds true when it comes to store injury settlements. But what happens when someone slips and falls while shopping? Is the store liable for the customer’s injuries?
Every year there are thousands of reported injuries sustained by shoppers while shopping in retail stores. Slipping on wet floors, tripping over obstacles left in walkways, or getting hit by falling objects are just a few common accidents where liability comes into play.
In this article, we’ll explore whether stores are liable for customers being injured on their premises and discuss what types of settlement may be available following such an incident.
What is a Slip and Fall Injury?
The sight of a slip-and-fall accident is all too familiar. Suddenly and without warning, a person’s body crashed to the ground due to an unexpected obstacle. The shock of impact brings pain, confusion, and fear as the victim attempts to make sense of what has just occurred.
In legal terms, a slip and fall injury occurs when someone trips or slips on spilled liquid or other debris on the floor that was not taken care of by a store or business owner/manager.
In these cases, customers may be able to pursue compensation for the resulting injuries via a personal injury claim. Establishing liability will depend upon whether certain elements can be proved in court.
What Are the Elements of a Store Injury Settlement?
When a customer is injured in a slip and fall incident on store property, the store may be held liable for their injuries. A settlement agreement between the store and the injured party should consider all relevant factors like negligence, liability, damages due to an injury, and other related costs.
To determine liability in a personal injury case, it’s important to look at what elements constitute an acceptable injury settlement.
- Determining if there was any negligence or duty owed by the store
- Assessing whether that duty was breached
- Looking into how much compensation should be awarded for physical injuries sustained
- Evaluating economic losses such as medical bills or lost wages
- Establishing non-economic damages, including pain and suffering, loss of consortium, etc., and
- Agreeing upon which legal fees are necessary to finalize the deal
The next step is to explore what legal responsibilities a store owner has when a person sustains an injury on their premises.
What Are the Legal Responsibilities of a Store Owner?
What legal responsibilities do store owners have when a customer is injured in a slip and fall? Who’s at fault, and who should offer financial compensation for an injury sustained on the premises?
These are important questions to consider when making an injury settlement.
Store owners and managers are legally obliged to take steps to keep the premises safe and free from hazards. This is what’s referred to as premises liability. This includes a duty to inspect and repair dangerous conditions, warn customers of hidden dangers, and provide security to prevent criminal acts. If a customer is injured on the premises, the store owner may be liable for negligence.
What Factors Determine Liability In A Slip And Fall Injury?
Weighing all the factors on the balance sheet is key when determining liability in a slip and fall injury. It’s not always cut and dry, so it pays to have an understanding of what plays into the decision.
Generally speaking, three primary elements must be present for a store to be held legally responsible: negligence, causation, and damages. Let’s take a closer look at each component:
- Negligence – The store must have had some level of duty of care towards their customers. This means they failed to maintain safe conditions or provide adequate warning about potential hazards.
- Causation – The unsafe condition caused by the store was directly linked to the customer’s accident and resulting in injury.
- Damages – There is evidence of harm done to the customer due to the incident. This could include medical bills, lost wages due to time away from work, or pain and suffering from injuries.
When assessing responsibility, courts look at whether the store owner took reasonable steps to keep their premises safe and free from hazards–or if they had ‘constructive knowledge’ of a hazardous condition. This means they knew (or should have known) about a potential hazard before someone got hurt. They also consider how long any given hazardous condition existed before an incident occurred.
What Damages Are Available In A Store Injury Settlement?
The damages available in a store injury settlement are like an iceberg– hidden beneath the surface but capable of causing catastrophic damage.
To understand what is at stake when seeking such a settlement, we must consider three key components:
- The medical costs associated with treating the injuries;
- Lost wages due to being unable to work while recovering from the incident; and
- Pain and suffering that may have been caused by the accident.
These are all essential elements for anyone looking to receive compensation as part of their store injury settlement.
Without these considered, any potential award could fall short of fully covering the harm done— leaving you without adequate funds for healing or recovery.
Get Compensated for Slip and Fall Injuries Today
At the end of the day, customers and stores alike should remember that prevention is always better than cure.
By taking proactive measures like installing non-slip mats and warning signs about potential hazards, everyone can help ensure safer environments for all involved.
If you’ve been injured on store premises, contact the team at Injury.io for assistance today.