When a trip to your local Family Dollar store ends in a slip and fall accident that leaves you or a loved one injured, you may wonder who is at fault as you face mounting medical bills, missed days at work, or both. You may have suffered a chronic injury that requires weeks or even months to heal, leaving you in physical pain and emotional distress.
The good news is that you could be legally entitled to a financial award for your medical expenses, lost wages, and pain and suffering—but first, you have to prove negligence. This is where an injury lawyer for slip and fall accidents at Family Dollar comes in.
A lawyer can help you gather evidence, build a strong case, and protect your legal rights. Call Ben Crump Law, PLLC today at (800) 647-3113 for a free case evaluation.
Establishing Fault in a Slip and Fall Case
According to the National Safety Council (NSC), falls are the third-leading cause of unintentional death and over 9 million people were treated in emergency rooms for fall-related injuries in 2016.
But just because you fell in someone’s store does not mean that an owner or employee will automatically be found negligent. To prove that a property owner or employee is liable for your slip and fall accident and therefore legally responsible for the injuries you suffered, you must show one of the following:
- The property owner or employee somehow caused the hazardous condition.
- The property owner or employee knew about the hazardous condition but did nothing to correct it.
- The property owner or employee should have been aware of the hazardous condition because a reasonable person would have discovered it and then removed or repaired it.
Were You Being Careful?
After a slip and fall accident you must ask yourself, did your carelessness contribute to the accident in any way? Was it reasonable for you to be in the vicinity of the hazardous condition, and act the way you did, before the accident happened?
If you do choose to file a personal injury claim, keep in mind that an insurance adjuster will almost certainly ask you the following questions:
- Did you have a legitimate reason to be in the area where the hazardous condition was?
- Were there any warning signs that the area might be dangerous, such as signs, tape, or cones?
- Would a careful person notice the dangerous area and avoid it or walk around it so they would not slip and fall?
- Were you distracted (e.g. texting, talking to someone else, running around, or horseplay) and not paying attention to where you were walking?
You do not have to prove to an insurance adjuster that you were being careful, but it should be clear that you were not being careless at the time of the slip and fall accident.
Determining Financial Responsibility
In a slip and fall case that involves Family Dollar or a similar store, it is critical to determine which party is financially responsible for your injuries. If the store owner is the one who owns the property, then that person would likely be the defendant. But some store owners lease their property, so you might have a claim against the landlord or property owner.
What caused you to slip and fall in the first place may determine who you should sue in your personal injury claim or lawsuit. If you slipped due to a structural issue with the building—such as a water leak from the roof or an uneven floorboard—then your claim would likely name the landlord or property owner.
If your slip and fall accident occurred due to something the store owner did or did not do, then your claim would be against the store owner. For example, if an employee just mopped the floor and did not display any warning signs or block off the wet area with cones or tape to alert customers, the store owner may be liable.
Document Your Injuries
One of the most important steps you should take after your slip and fall accident is to see a doctor regarding your injuries. You may believe you just have some bumps and bruises, but certain injuries can take days or even weeks to present with symptoms.
Some of the injuries you may suffer from a slip and fall accident include:
- Neck and back sprain
- Broken and fractured bones
- Sprained ankle and wrist
- Spinal cord injury
- Traumatic brain injury
- Knee damage
If you plan to file a claim against the responsible party for your slip and fall accident, it is crucial to have a doctor document your medical injuries. An injury lawyer for slip and fall accidents at Family Dollar will need medical records to support your claim, especially if an insurance adjustor tries to prove that your injuries existed before the accident so they can avoid payment.
Contact a Lawyer Today
Every state has its own deadline for filing a lawsuit after a slip and fall accident. The statute of limitations for this type of civil case varies from state to state. Keep in mind, the clock typically starts ticking the day you had your slip and fall accident. So if the statute of limitations is two years in your state, you only have two years from the date of the accident to file a personal injury lawsuit.
An injury lawyer for slip and fall accidents at Family Dollar can calculate your financial losses and help you collect both economic and non-economic damages, including medical bills, lost income, and pain and suffering.
Do not let another day go by—you should not have to bear the burden of an accident you did not cause. Let us fight for you, so you can focus on healing. Call Ben Crump Law, PLLC today at (800) 647-3113 for a free consultation with a member of our team.