When we head into stores to purchase absolute necessities like groceries or just enjoy a stroll looking at items, there’s a certain level of safety we expect. We trust that the store owners or their employees maintain a safe, healthy environment for everyone. But, sometimes, that trust is broken and innocent victims end up injured.
If you were injured, you might know firsthand what the impact of unsafe conditions in a store are. Hospital bills, time away from work, rehabilitation, and even long-term fears can all spring from a single injury. When you want to get your life back and bills paid, speak with an experienced store injury lawyer.
When a person is injured in a store, their claim falls under premises liability. This area of law is a specific type of tort claim for unintentional injuries that occur on someone else’s property. The injured victim, or plaintiff, essentially seeks to recover damages from the property owner for the costs they incurred because they were injured.
For an injured victim, there are several elements they must prove in order to hold the property owner, in this case the store owner, liable for the damages caused by the in-store injury. First, they must show that the store owner owed them a duty of care. Second, that the store owner breached this duty of care. Third, that the breach caused the victim’s injuries and fourth, that those injuries can be recovered in court. Let’s look at these in more detail:
Since 1998, North Carolina law has recognized two standards of care that store owners owe to the people who set foot on their property. The lower standard is owed to trespassers—people who step into a store without permission. A store owner only needs to avoid purposefully injuring trespassers and blocking off children from so-called “attractive nuisances.”
But for store guests, whether they’re shopping or just browsing, the store owner must take steps to ensure the premises are safe and clear any potential hazards. If they cannot clear the hazard, they must warn the people who enter that the hazards exist. However, in some cases, the store owners may argue that the danger was so apparent that no warning was necessary. With trusted representation at your side, you can push back against these store owner defenses.
Victims looking to recover the cost of their injuries must next show that the store owner breached their duty. In other words, they must show that the storeowner failed to act as a reasonable person would given the circumstances. In a grocery store, this could look like failing to mop up spilled merchandise or not installing lights and security cameras in the parking lot.
If a store owner or their employee fails to mop up spilled merchandise but your injuries were caused by walking distracted on a different aisle, there’s no causation between the initial breach and injuries. Causation is the direct connection linking the victim’s injuries and the store owner’s breach of duty. Without this essential element, a slip and fall claim in NC or similar premises liability claim will fail.
The last element for business liability for injuries is damages. This means that a victim must have sustained injuries or other harms that caused them to incur costs. If an injury didn’t cause bruises, pain, require a single doctor’s visit, or cause someone to miss work, there’s little the court can do for the victim.
However, where the store injury caused the victim to seek medical treatment, miss work, or suffer a lowered quality of life, the court can award damages. These damages are intended to cover the costs associated with treatment, lost wages, and pain and suffering.
Falls, a common type of injury at stores, are the leading cause of unintentional injury death in North Carolina. The costs associated with funeral expenses and a wrongful death can also be recovered in a slip and fall claim in NC.
If you’ve been injured at a store, the very first step is to call for medical assistance. Even if you feel fine and pain-free, there may be injuries lurking under the surface. Bringing emergency medical services to the scene provides an opportunity to spot and treat potential injuries before they worsen.
Similarly, police should be called to the scene to provide documentation of the accident. If the police don’t arrive, have the manager-on-duty at the store draft an incident report. These documents provide some of the earliest records of the accident and substantiate a claim for premises liability in NC.
Finally, gather evidence of the accident scene. The store’s security camera footage can be deleted automatically, erasing evidence of your injuries. If there were wet spots on the floor, try to capture these with photos or videos. The same goes for any poorly light areas or other hazards that may exist. If you are unable to do so, enlist the help of any companions or loved ones present with you.
If you slipped and fell or were otherwise injured at a store, you shouldn’t have to deal with your injuries alone. Call a store injury lawyer at The Downer Law Firm today for a free consultation. For nearly 50 years, we’ve fought fiercely for our clients, while providing them with open, honest communication. We pursue justice and maximum compensation, while our clients focus on healing. Contact us today to get started.
