Slip and fall accidents can lead to a victim suffering a serious injury. After a slip and fall accident, a victim would be correct to pursue compensation from the owner of the property. Our firm can help you hold a negligent property owner liable for their actions. If you or a family member was injured in a slip and fall accident at a grocery store, consult with our experienced Fayetteville grocery store slip and fall accident lawyers as soon as possible.
Slip and fall accidents are serious. They not only often result in severe injuries, but they also present a series of legal hurdles. An accident victim must not only prove that another party was negligent, but they must also demonstrate that a hazardous condition caused their injury. When the evidence of a spill is fleeting, this could be difficult. Our knowledgeable attorneys are familiar with the challenges associated with a slip and fall claim.
Our seasoned personal injury attorneys believe that victims of a slip and fall accident are entitled to compensation from a negligent property owner that failed to maintain their land. We know the many burdens an injured victim can face, and we are here to provide you with the legal representation you deserve. To schedule a free legal consultation to discuss your potential lawsuit, contact our Fayetteville, AR grocery store slip and fall lawyers at (479) 316-0438. You can also contact the firm by using our online submission form.
Common Causes of Grocery Store Slip and Falls in Fayetteville, AR
Grocery stores are often filled with dozens of people that are looking to purchase a variety of items across the entire store. That is why it is necessary for the owner of a grocery store to ensure that their property is free of any hazards that could injure a customer. The following is a list of common causes of Fayetteville grocery store slip and fall accidents.
A spill can easily occur within a grocery store. Whether a customer happens to spill their drink or a bottle of liquid falls from a shelf, it is important that a manager ensures the spill is cleaned as soon as possible. If a spill is left on the floor for an extended period of time, a customer could easily slip and possibly fall into a shelf or other hard surfaces within the store. As a result, a customer could suffer a severe injury like a bone fracture or a head injury.
It is also important for a grocery store to place wet floor markers in areas that were recently mopped or where a spill recently occurred. If customers are not advised of a hazardous area, the store owner could be held liable for a customer’s injuries.
Hazardous Parking Lots
Many slip and fall accidents occur before a customer has even made it inside the store. If a parking lot for a grocery store has not been properly maintained, a customer could trip on a pothole or other hazard and sustain a severe injury.
There are also other circumstances that could lead to a slip and fall in a parking lot. For example, if a grocery store did not adequately light a parking lot, customers could trip on hazards they would have observed if the property was adequately illuminated.
If a grocery store has one or multiple stairwells on the property, it is vital that they all be adequately maintained. If a staircase has a crack or a handrail has become loose, a victim could be greatly injured if they trip due to one of these hazards.
Slip and fall accidents can lead to a variety of injuries for a victim. For example, a victim of a slip and fall could sustain a traumatic brain injury, a back injury, bone fractures, and various other types of injuries. If you were injured in a slip and fall at a grocery store, our firm could help you seek the compensation you deserve.
To learn more about when to file a personal injury lawsuit, you should continue reading and speak with an experienced Fayetteville grocery store slip and fall injury attorney.
When to File a Slip and Fall Accident Lawsuit in Fayetteville, AR
If you were injured in a grocery store slip and fall accident in Fayetteville, AR, our firm is ready to work with you to file a personal injury lawsuit. A potential plaintiff of a personal injury lawsuit should be aware that their case is subject to the statute of limitations.
The statute of limitations determines the length of time that a claimant has to file a lawsuit with a court of law. The statute of limitations can change depending on the type of claim a claimant wants to file. That is why it is important not to assume the filing date for your potential lawsuit. An experienced attorney can help you determine when the statute of limitations began to run for your case.
In Arkansas, the statute of limitations for a personal injury lawsuit is three years from the date of the injury. If the lawsuit is not filed within three years, the court can dismiss the plaintiff’s lawsuit. This can occur if the defendant requests to dismiss the personal injury lawsuit due to the violation of the statute of limitations. As a result, a plaintiff will be unable to bar their claim.
Challenges in a Fayetteville Slip and Fall Case
All personal injury claims are not created the same. If you were rear-ended by a drunk driver, holding the at-fault driver liable might not be that difficult. However, even the seemingly simplest slip and fall case presents challenges. This is why it is important to have our experienced slip and fall lawyers working on your behalf.
Slip and Fall Cases are Not Trip and Fall Claims
Slip and fall accidents can be distinguished from trip and fall accidents. When you trip on a broken sidewalk or a physical obstacle, it is easier to prove that a hazard existed. However, if you lose your footing because of a wet or slippery surface, it could appear that you fell for no apparent reason. The timing of the spill and the fall play a vital role in a slip and fall case.
For example, if you slipped on something that leaked into the aisle in a grocery store, it could be hard to prove that the dangerous condition existed long enough for an employee to have noticed it and take reasonable actions to address the condition. To prove negligence, an injured plaintiff often must prove that the grocery store owner or manager knew or should have known about the dangerous condition.
Witness Testimony is Crucial
Many slip and fall cases come down to eyewitness testimony. Your chances of receiving the compensation you deserve could hinge on what an impartial witness saw. It is not uncommon for witnesses to discuss what happened after seeing an accident. Sometimes, a story might shift after talking with another witness. Additionally, memories fade as time passes. Our Fayetteville, AR personal injury attorneys will want to talk to any witnesses as soon as possible.
Proving Your Injuries
If someone is in a car accident, they will often be advised to see a doctor as soon as possible. However, if you slip in a grocery store, your first inclination could be to get up and finish your shopping – especially if you do not believe you were seriously injured. However, if you wait to see a doctor and symptoms develop, it could be difficult or impossible to trace your injuries to the fall. The sooner you seek medical treatment, the easier it is to tie your injuries to the slip and fall accident.
Defenses Available in a Slip and Fall Case
Even though you are the plaintiff in a slip and fall case, the defendant will question your conduct. The things you did before the accident could be determined to have contributed to your injury. For example, the defense will want to know what type of footwear you were wearing, if you were aware of what you slipped on, what foot slipped, did you take a deep or wide step, or were you distracted while you were working. If you saw the spill but continued to walk through the area while texting, it could be difficult to hold the store liable.
Modified Comparative Negligence
The reason your conduct matters in a slip and fall case is because Arkansas follows a modified comparative negligence rule in personal injury cases. Under this legal theory, the percentage each party contributed to an accident impacts a plaintiff’s potential award. For instance, if you were walking while texting, a jury could find that your actions contributed 40% to the accident. Under these circumstances, a jury award of $100,000 would be reduced to $60,000. However, if your actions contributed more than 50% to the accident, you would be barred from receiving any compensation from the defendant. For example, if you saw the wet floor or were running at the time of the accident, the jury could attach a significant portion of fault to your behavior.
Damages Available After a Fayetteville Grocery Store Slip and Fall Accident
If our Fayetteville, AR slip and fall attorneys prove that the grocery store owner or manager was negligent, you could be awarded monetary compensation for your injuries and other damages. This compensation could come through a jury award if your case goes to court or a settlement agreement if the liable party wants to avoid the costs of litigation. When determining which path is most beneficial, our firm will weigh the value of your claim and the legal strength of your case against the defendant’s position.
The compensation you receive will usually be broken down into two categories: economic damages and non-economic damages.
Your economic damages are your actual out-of-pocket expenses related directly to your injury. The most obvious costs are for your medical treatment, including emergency care, doctors’ appointments, and medication. For more severe injuries, you could be compensated for surgery, hospitalization, and physical therapy.
Depending on the seriousness of your injury and the time it takes to recover, you could miss a considerable amount of time at work. Part of economic damages includes your lost income, including any wages you would have earned had you not been injured. In cases where a person’s injury is permanently debilitating, the award could be quite substantial.
In addition to these two significant financial losses, you are also entitled to smaller costs, such as childcare, parking fees, or any other expenses that our office could trace to your injury.
In addition to your actual economic losses, you are also entitled to recover non-economic damages. This category includes a broad range of intangible injuries and harm, including anxiety, depression, physical pain, and loss of enjoyment of life. While it is more challenging to put a dollar figure on these types of damages, a plaintiff’s non-economic award is often significantly larger than their economic claim.
Consult With Our Experienced Fayetteville, AR Grocery Store Slip and Fall Accident Attorneys
If you were a victim of a slip and fall accident at a grocery store, you should consult with an experienced Fayetteville grocery store slip and fall accident attorney as soon as possible. Our law office has over 20 years of legal experience fighting for slip and fall accident victims, and we are ready to work with you. To schedule a free legal consultation to discuss your potential claim, contact our law offices at (479) 316-0438.