If you’ve been injured in a slip-and-fall accident at a store, you may wonder if you can sue the store for your injuries. The answer to this question depends on several factors, including the circumstances of your accident and state laws. Below is everything you need to know about suing a store for slip and falls.
What are Slips and Falls?
Slip and fall accidents can occur anywhere, but they are widespread in places with a lot of foot traffic, such as stores. These accidents can happen for various reasons, including wet floors, loose carpeting, cluttered aisles, and more. OSHA Defines these accidents as being slightly different.
A slip is defined as when “a person loses his or her footing unexpectedly.” A trip happens when “a person’s foot strikes an object and causes him or her to lose balance.” And a fall occurs when “a person goes from a higher to lower level, suddenly losing support.”
While slips, trips, and falls may seem like minor accidents, they can lead to serious injuries, including broken bones, concussions, and more. One of the leading causes of spinal cord injuries is falling, showing just how serious these accidents can be.
Who is Liable for Store Slip and Falls?
The first step in filing a lawsuit is determining who is liable for your injuries. In most cases, the store will be held responsible for your accident. Under what is known as premises liability law, property owners must keep their premises safe for visitors. Having safe premises means they must regularly inspect the property for hazards and either fix them or warn visitors of the dangers.
If a store owner fails to do this and you are injured as a result, they can be held liable for your injuries. However, there are some exceptions to this rule. For example, the store owner may not be held liable if you were trespassing on the property when you were injured.
To hold the store owner liable, you must prove that they were aware of the hazard that caused your accident and did nothing to fix it or warn visitors about it. To do so, it’s vital gathering evidence like eyewitness testimony, security camera footage, and more.
What Are the Statutes of Limitations for Filing a Lawsuit?
Another important factor to consider before filing a lawsuit is the statute of limitations. The statute of limitations varies from state to state, but in most cases, you will have between one and six years to file a lawsuit. This is the amount of time you have to file a lawsuit after being injured in an accident.
If you wait too long to file a lawsuit, you will likely be barred from doing so. This means that you will not be able to recover any compensation for your injuries, no matter how serious they are.
It’s important to speak with a personal injury lawyer as soon as possible after being injured in a slip and fall accident so you don’t miss the deadline for filing your lawsuit.
Suing a Store for Slip and Fall Injuries
You can sue a store no matter how small or large they are if you believe your fall was a result of their negligence. Big box store behemoths like Walmart are still liable if you slipped and fell in one of their stores, seek the help of an experienced Walmart injury lawyer to help you in your pursuit of damages.
It’s important to note that you can’t sue the store for any type of injury. For example, if you cut yourself on a piece of glass, you can’t sue the store for your injuries. To have a successful lawsuit, you will need to get the help of a lawyer and determine the best course of action