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If you or a loved one were injured in a slip and fall, you’ve come to the right place. Call us now and let us help with a free consultation!
A fall in a store can leave you permanently injured, leaving you with many questions. Questions like:
At Console and Associates, our New Jersey personal injury lawyer have helped hundreds of slip and fall victims get the answers and help that they need.
If you were injured at a slip & fall at a store, you’re not alone. Every year, there are over one million visits to the ER for slip & fall injuries. Many of these injuries could’ve been avoided if stores were more concerned about keeping their premises safe, not just making a profit.
It’s easy to feel embarrassed after a slip and fall, but you shouldn’t. Even what feels like a simple tumble can lead to serious injuries. When you lose your balance, your body twists, causing strain and impacts that you’re not normally used to as you land. This can lead to sprains, fractures, and concussions.
The full extent of the damage done to your body isn’t always known at the time of your fall. Some very serious injuries do not show symptoms right away. Left untreated, these seemingly minor problems can grow into chronic pain and discomfort. This is why you should always see a doctor after experiencing a fall, even if you think your injuries aren’t that severe.
Even after treatment and recovery, a serious slip and fall injury can have a lasting impact on your life. Serious long-term conditions include:
With proper medical care, you might be able to manage even the worst of these injuries, but that care comes at a cost. Paying for rehabilitation and ongoing care is expensive. If your injury took away your ability to work, finding the money to pay for this treatment isn’t easy.
Retail stores have insurance to cover the cost of injuries they helped to cause. If they’re responsible for your slip and fall, they should pay for your recovery.
When you’re seriously injured, the medical bills can feel overwhelming, but they only tell part of the story. When we file a claim on your behalf, we look at the true cost of your injury, including:
Punitive damages are settlements that go beyond covering the cost of the injury. The purpose of this type of award isn’t to help you recover, but to punish the responsible party. Typically, punitive damages are only awarded when there is a sign of gross negligence. For example, the company was aware of a problem in a reasonable time and refused to address it. It is usually up to the courts or mediator to assign punitive damages, within the guidelines for their state. Each state has a different idea of how to deal with punitive damages.
Most medical malpractice claims do not seek punitive damages because the laws that determine eligibility are harder to meet with many claims. However, they are an option in cases of extreme negligence.
Punitive damages exist to try and force companies into better behavior. If avoiding compliance is more expensive than complying with safety laws, the number of slip and fall accidents goes down. Therefore by bringing the claim, you might help prevent future injuries to people just like you.
After determining the value of your claim, the court has to make a decision about who was at fault for your injury. According to the law, you are still eligible for compensation even if you are partially at fault for your slip and fall. The legal term for this is “comparative liability.”
The way courts determine liability varies by state, but both Pennsylvania and New Jersey follow a similar statute. As long as you are less than 50% responsible for your accident, you deserve compensation. How much you receive depends on your comparative fault. For example, if the jury determines you had no responsibility for your injury, you’ll receive more than if you are 50% responsible.
Every injury is different so they only way to determine the value of your claim is to give us a call. We’ll review everything and do our best to get you the maximum compensation.
We have a lot of experience helping people get the compensation they deserve for their injuries. In both New Jersey and Pennsylvania, we’ve successfully won hundreds of claims. Here’s an example of the money we recovered for our clients.
Disclaimer: Results may vary depending on your particular facts and legal circumstances.
$400,000 In NJ Target Store
Our client was shopping at a Target store when she slipped and fell due to an invisible spill. She suffered bulging discs and other serious back injuries. While her doctors did the best they could, they told her that it was unlikely she’d ever fully recover. Our client could not longer perform household duties or sing in her church’s choir. We filed a claim on her behalf and got Target to pay her $400,000 for her injuries.
Walmart operates more than 4,700 stores in the United States, making it our largest retailer. The big-box retailer is so prevalent that in 2016 it estimated that 9 out of every 10 Americans shopped there. That’s hundreds of millions of visits a year. With that much traffic, accidents are inevitable.
Every year, thousands of customers file lawsuits against Walmart. Many of these claims involve personal injury from a slip and fall. From water brought in from a rainstorm to pooled water under frozen food freezers, supercenters have many dangerous hazards. Our firm alone receives dozens of calls a year about Walmart slip & fall claims.
To keep their stores clean, most retail locations have tile or laminated floors. The solid surface is easier to clean than carpet, but also far more dangerous when it becomes wet.
Rain or snow tracked in from outdoors can create slip and fall hazards near the entrances. In older buildings, leaky roofs can cause water to create small puddles deeper in the aisles.
During the summer, the heat can lead to condensation around coolers in the grocery section of a store. Left unattended, the water can pool at the bottom of coolers or freezers and spread out into the aisle.
Floors can also become slick when customers spill their drinks on them, or when a product container breaks. This can include soda, water, or more dangerous liquids like oil and grease.
Stores are required to clean up these spills as soon as they’re aware of them, but often they do not.
Winter weather makes more than just the roads dangerous. Retail parking lots and sidewalks covered in black ice can be very dangerous to customers.
Unlike many businesses, most retail stores do not own their parking lots. Instead, they rent their building and the lot from a developer. This means that the party responsible for keeping the lot safe might not be the store you’re shopping at. However, someone has the responsibility to keep the area safe for customers. When filing a claim, we’ll investigate what party was negligent and hold them responsible.
Slippery floors aren’t the only dangers. An uneven walking surface also poses a walking hazard. A broken sidewalk, cracked curb, pothole, or damaged tile can seriously injure an unsuspecting victim.
To help combat slick tile floors, some stores put down rugs or mats to absorb water. But sometimes the solution can be as dangerous as the problem. If the corners flip up or the rug bunches, it can present a dangerous trip hazard.
Older rugs fray and tear, which risk catching your foot and causing a painful fall.
Modern retail stores offer thousands of items. For instance, in a grocery store, you might fight more than 20 different types of bleach. This is great for consumer choice, but businesses need to find a place to display everything. In many stores, that leads to packed shelves or creative stacking in the aisles.
These overflowing shelves are great for a store’s profits, but it puts their customers at risk.
When a store isn’t properly cleaned, or when it’s busy, floors can become cluttered by debris. Loose hangers and broken products make navigating tight aisles more difficult. If someone doesn’t see debris in time, slipping on it can be just as, or more dangerous than liquid.
A slip and fall accident can occur anywhere customers or staff walk in a store. Some areas, however, are more hazardous than others.
Bad weather and heavy foot traffic make the entrances of a retail store particularly dangerous. Water, ice, and bunched up rugs make a slip and fall more likely.
In humid weather, the floor around the refrigerator aisle can become slick with condensed moisture. In addition, customers reaching into these cases can make it easier to lose their balance.
Bottles of liquid, small cans, and other items can make grocery aisles particularly dangerous. If a bottle of water or oil develops a leak, customers may not see it until they’re standing on top of it.
Sinks or overflowing toilets can create a slip hazard. The relatively narrow walkway in and out of the room also makes them particularly dangerous.
After a slip and fall, getting medical help should be among your first priorities. However, if you think that the store is responsible for your injury, you should take steps to document the accident as soon as possible.
If you think your injuries are serious, seek medical attention right away.
Even if you think you’re fine, it’s important to report your injury to the store as soon as possible. Notify an employee and ask them to contact a manager on duty. Large companies, like Walmart, Macy’s, or Rite Aid, have policies to follow for accidents. Smaller businesses may not have the structured process of larger stores, but you should still inform them of your accident. Most stores use a video surveillance system in their building that might’ve recorded your fall. However, this video is only stored for a short period of time. To ensure that this evidence is preserved, contact us right away, and we can legally require that the store make a permanent copy of the recording.
They’ll ask you to fill out an accident report, where you’ll describe what happened. While there is a place for you to sign these documents, you are not required to sign it. You should request a copy of this report for your own records.
After a fall, the last thing you might feel like doing is staying in the store, but make sure to gather the evidence before you leave. In addition to the accident report, use your phone to take pictures of what caused your accident. The store may or may not gather this information, and in some cases might only keep information that supports their version of events.
Write down the names of the employees that helped you. They may only give you the first name, and that’s ok. Employees are not required to provide their full names. If other customers saw your fall, ask if you can have their name and contact information. The longer you wait to gather this evidence, the more likely it is, you’ll forget something about your accident.
Even if you feel fine after a slip and fall, you should go to your doctor and have them evaluate your injuries. Some serious injuries might take time for you to notice. When their symptoms appear, they could’ve already caused long-term or even permanent damage.
While it is possible to file a personal injury claim against a retailer on your own, it’s not recommended. The company’s insurance has experienced lawyers whose only job is to keep you from getting the compensation you deserve. At Console and Associates, we know how to deal with insurance companies.
We’ll handle this process for you and fight to get you every penny you deserve. In fact, customers who work with a personal injury attorney earn an average of 3.5x more than someone who files on their own. The best part is that contacting us is risk-free. You’ll never pay anything for our help unless we win. Period.
Even if you’re not sure about filing a claim, you should call us. We’ll review the details of what happened and let you know and give you the best guidance that we can.
It’s important to follow these steps even if you don’t think your injuries are that bad. If you went to the doctor and told you’re fine, the only thing that’s wasted is a little bit of time. However, if you suffered serious injuries, not getting checked out by a doctor puts your long-term health at risk.
If you wait before trying to gather evidence, you might not remember important details. Some information, like a picture of where the accident happened, you can’t gather later. If you wait too long, its possible even the video evidence might get deleted. Don’t wait, call us today!
You don’t have to go this alone. If you sustained serious injuries due to a slip and fall in a store, let us help. At Console and Associates, we’ve helped hundreds of clients injured in a slip and fall recover their damages.
When you call, you’ll speak with an experienced attorney who will ask you details about your accident. We will review everything and give you the best legal advice and support that we can, for free.
Retail stores have a responsibility to keep their shopping areas safe. Sometimes, when they let their love of profits get in the way of safety, their negligence puts their customers at risk. When this happens, they need to be held accountable. By filing a personal injury claim, we’re
There is no fee for calling us and you’ll never pay out of pocket for our services. We only get paid when you win.
Disclaimer: Results may vary depending on your particular facts and legal circumstances