You are walking through a big box store like Target or Wal-mart one day and a display of stacked cans comes crashing down on you, causing you to fall and break your arm. This post will explain the responsibility of the store and what you should do in a situation like this.
What is the store’s responsibility?
The duty of care is the obligation a property owner has to people who visit their property. The kind of duty they have depends on the type of visitor.
The owner of public and business properties that invites people in to conduct business, like a store, have a duty to maintain the property in a reasonably safe condition. If they fail to do so, they may be liable for the visitor’s injuries.
Common accidents at stores:
- Slip or trip and fall
- Injuries from heavy machinery
- Falling object injuries
- Parking lot injuries
What should I do immediately after the accident?
Make a report. After an injury, you should make a report to the manager as soon as possible. Keep a copy of the report (or at the very least take a picture of the report.) Other than making a report, limit what you say to business owners, employees, or witnesses. And DO NOT give a recorded statement to the insurance company.
Look for cause of accident and take photos. If the injury was caused by a dangerous condition, it is vital to document the condition close in time to the accident. Take photos from different angles of the exact location where the incident occurred.
Conditions can change or be changed very quickly. If, for example, you slip on a wet floor, that spill can be cleaned up immediately, leaving you with no proof. Snow and ice could melt before any further investigations can be conducted, anything in disrepair can be fixed or replaced. If a store display is placed improperly, it can be moved.
IT IS VERY IMPORTANT TO DOCUMENT THE CONDITIONS WHEN THE ACCIDENT HAPPENS!
Write down witness information. If there are any witnesses when you are injured, ask for their contact information. This could include anyone who saw the incident, or anyone who witnessed the conditions that caused the incident. So if you are injured by a spill on the floor of a store, and you see an employee nearby, make sure their information appears on the report you make with the store, and document the information for yourself, both the names of employees who witnessed the incident and anyone else you spoke to in making a report.
Seek medical attention. If you believe yourself to be injured right after the fall, seek immediate medical attention. If you are seriously injured or have a true emergency, go to an emergency room. The store may offer you an ambulance. Even if you choose not to ride in the ambulance, if you plan to seek medical treatment, be sure to tell the employee who is taking the report.
If your injuries do not seem like an emergency, it’s probably best to see your own doctor if you can be seen within a day or two, or go to an urgent care. Don’t delay unnecessarily. If you don’t feel hurt at the time of the accident, but become aware of an injury later, you should contact your doctor as soon as possible. Not all injuries are immediately apparent, but it is very important to have a thorough medical examination as soon as you become aware of the injury.
Contact an attorney. It is vital to your case that an immediate investigation into liability take place. You may not be in a position to document the conditions, but if your attorney can examine the scene close in time to when the accident occurred, you will preserve your best chance at recovering for your injury. Surveillance cameras get taped over, people leave jobs, construction projects complete: conditions change. Your attorney can help ensure that the evidence necessary to prove liability is preserved.
What do I need to win a premises liability lawsuit?
To win a premises liability case based on negligence in Pennsylvania, visitors must prove that they were owed a duty of care at the time they were injured.
The highest duty of care is owed to an invitee, such as a business visitor who has been invited on the premises for the purpose of conducting business, like a customer at a store.
Once you determine that the property owner owed you a duty of care, you will still have to demonstrate that they breached that duty by failing to maintain reasonably safe conditions, that this breach caused your injury, and that you suffered damages as a result.
In the example from the beginning of the post, the store owes a duty of care to customers to maintain the property in a reasonably safe condition. Having cans stacked in a way that they topple over on someone is likely not “reasonably safe.” If the person broke their arm as a result, they will have a good argument that the store was negligent and therefore responsible for their injuries. BUT, it will be crucial to have evidence to support their claim, such as photographs, an accident report, and witnesses.
Do I need an attorney?
As stated above, an experienced premises liability attorney will be in a better position than the injured person to investigate the accident and help preserve necessary evidence.
In addition, if you have been injured due to negligence, you need to make sure someone is protecting your rights. You need someone who is going to make sure your injuries are receiving the treatment they need to heal. You need an attorney who will make sure you are heard.
Premises liability claims are often more complicated than they first appear. An experienced lawyer will advocate for the best outcome and guide you through the process. Contact Aversa & Linn today for help in evaluating your case and protecting your rights.
