Can A Store Be Liable for A Slip and Fall?
The growth of ecommerce doesn’t mean that brick-and-mortar stores are dead. While people in the United States prefer to shop mostly online, most sales occur in physical stores in countries such as Finland, Austria, and New Zealand. Statista informs us that over 80% of the population in the United Kingdom buys goods directly from the seller over the Internet. Over the past decades, online shopping has become omnipresent (not just here but also worldwide). Some British consumers prefer shopping in-store, as they want to see the products before making a purchase. The tide might be turning for shopping patterns.
In spite of the many advantages of the Internet, shopping in-store has many benefits, such as flexibility with how you pay, acknowledging the quality of the items, and supporting local businesses. It’s important not to forget that stores deal with hazards. For example, you could slip and fall, which could lead to severe injuries, such as broken bones. If you hurt yourself, you can bring a personal injury lawsuit against the property owner to recover damages. In the case of an accident, you have legal protection, so reach out to a lawyer to know if you have a case against the establishment.
Stores Must Keep Their Premises in A Reasonably Safe Condition
The law requires stores to take reasonable measures to prevent accidents and, therefore, protect individuals from risks of harm. This responsibility is referred to as premises liability and is owed to those on the property, such as business customers or social guests. To be considered negligent, the property owner must have fallen below the standard of care. Perhaps the store didn’t check for spilt substances or uneven surfaces. One of the most difficult parts of the personal injury case is to prove the property owner had knowledge about the probability of harm from a given hazard. If you slipped and fell on a slippery floor, you must determine for how long the floor was wet. It’s just an example. You need witness testimony, photo/video evidence, and the police report, to name a few.
What Types of Injury Qualify for Compensation?
A slip-and-fall accident can be due to many factors, such as immense crowds of shoppers, highly-polished floors, and spoiled foods and liquids. It can lead to serious injury, leaving you with sprained ankles/wrists, nerve damage, cuts and bruises, and even traumatic brain injury. When you pursue a personal injury lawsuit, you can request compensation for medical bills, past and future lost wages, pain and suffering, and emotional distress. Please visit https://www.how-to-sue.co.uk to get a better understanding of what damages you can ask for based on your situation. You’ll want to get the full amount of money you deserve.
The Rigor of Per Injury Is Rated on A Scale of 1 To 5
If you take matters to court, you can pursue compensation for your injuries. Compensation is a financial settlement that covers the costs and impact the accident has had on your life. When trying to establish what amount of money you’ll receive, the jury takes into consideration several factors, of which mention can be made of the rigor of the injuries sustained. Generally speaking, the rigor of each injury is rated on a scale of 1 to 5 – 1 for minor injury, 2 for moderate injury, 3 for severe but not life-threatening injury, 4 for severe injury with probable survival, and 5 for critical injury with uncertain survival.
Bypass Talking to Anyone Excluding Witnesses and Medical Personnel
It’s not recommended to discuss the details of your case with others, so don’t assign blame or assume responsibility for the accident. The best course of action is to tell your lawyer everything and tell everyone else nothing. Curiosity is a hallmark of the human experience, so you’ll get lots of questions from people wanting to know what happened. Don’t answer them (and don’t take it personally if people come off as angry or frustrated). Facts are the foundation of your case, meaning you shouldn’t engage in speculation. Ask the store owner to read the incident report to be sure false information hasn’t been included. It would be best to have a copy of the report.
Maybe a witness isn’t willing to testify. In that case, talk to them, as they might change their mind. At any rate, don’t intimidate or threaten the witness. If you contact the other party’s witness outside of an official setting, you could be accused of tampering with the witnesses. Oftentimes, a subpoena is enough to get someone to testify on your behalf. Have open and honest communication with your doctor – in other words, give your complete medical history and explain how you got hurt. Never talk about your incident on social media, even if your friends are inquiring via Facebook and you’d like to respond.
A Store Can’t Prevent Every Accident on The Premises
Not all accidents are preventable, so it’s unreasonable to expect the property owner to prevent every slip and fall on the premises. Nonetheless, the store can significantly reduce incidents by instilling a culture that learns from accidents and prevents recurrences. The defence might argue in court that you weren’t exercising reasonable care, so you contributed to your injuries. To raise the issue of contributory negligence, the defence must prove your actions were the cause of harm or caused more serious harm. You’ll be happy to know that in England and Wales, it’s not possible to defeat a claim under contributory negligence. Simply put, the property owner can’t deny you compensation.
Final Considerations
To sum up, if you experienced injuries from an accident on store premises, the property owner is liable for medical expenses and other costs because they failed in their duty of care. A personal injury lawyer is able to tell you how strong your case is based on evidence. Attention must be paid to the fact there’s a time limit that restricts the timing of your case. You have no more than 3 years from the date of the slip-and-fall accident to start court proceedings.
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