Melissa was shopping at a Tyler hardware store when the unexpected happened. She shifted a box of floor tile so she could see it better, and the boxes beneath tipped off the pallet. The whole display had been stacked incorrectly, and 80 pound boxes of tile fell from the shelf onto her foot, crushing bones.
Her husband put her in a shopping cart, wheeled her to the car and took her to the nearby emergency room. No one from the store even noticed what happened.
The bill for x-rays and treatment was in the thousands. She couldn’t work for weeks while her foot healed. She also missed the marathon she had been training for, and instead spent months in physical therapy before she could walk without a limp. She and her husband paid for it all out of pocket, because she didn’t realize she had a potential personal injury claim.
Unfortunately, her story is not unique. If you’re in a retail store, you’re entitled to be able to shop in safety, whether you’re in the parking lot, the actual store, the bathroom, the dressing room, the checkout or anywhere else. Here’s what to do if you’re injured in a retail store.
Get Medical Attention
Like with any personal injury, your health and safety is top priority. If you’re seriously injured, call 911 and worry about the bill and a possible personal injury claim once you’ve made sure your situation is stable.
If you don’t need immediate medical care it’s a good idea to collect evidence while you’re on the scene, but you should still see a doctor as soon as you are able. Otherwise it could be argued if your injury wasn’t serious enough to need medical attention, it’s not serious enough to pursue compensation.
Gather Evidence
Retailers have a duty of care, a legal obligation to protect customer safety. If they don’t, they can be considered negligent, but proving negligence requires evidence. In order to receive a settlement you’ll have to prove:
- You got hurt because a dangerous condition existed at the store
- The retailer either should have known or did know that condition existed and they didn’t do anything about it
- You didn’t do anything to cause the injury, the dangerous condition did
Photos of the scene can be invaluable evidence. It’s also a good idea to get written witness statements along with their contact information. Notify an employee and ask a manager to file an incident report and give you a copy.
Talk to An Attorney
In Melissa’s case, they were shocked at the time of the injury. She was in pain and needed medical care and pain relief fast. Afterward, she and her husband assumed because they didn’t talk to anyone at the store or gather evidence at the scene, they didn’t have a case. She also wondered if the store could say she did it to herself because she touched the tile.
The situation could have been very different had she talked to a personal injury attorney after she was hurt in a store. It can be tough to prove liability, so it helps to have an experienced attorney on your side. We can request video recordings, track down witnesses, reconstruct the scene of the accident, and find other evidence and give you the best chance of receiving compensation for your injury.
And it all costs you nothing unless you receive a settlement. Schedule your free consultation online or give us a call at (903)999-9999.
