Supermarket Accident Personal Injury Claims
How to File a Successful Supermarket Accident Injury Claim
Shoppers take a trip to the supermarket an average of six times a month. Thus, it is important for supermarket owners to make sure their stores are in top quality. The Food and Drug Administration (FDA) enforces both local and state regulations for food safety in grocery stores, along with other additional food services. Failing to abide by safety regulations will often result in a customer getting sick or injured for various reasons.
The most common injuries in supermarkets include:
- Stomach pains,
- Bone fractures,
- Spinal cord injuries,
- Back injuries,
- Trauma to the head, or
- Cuts or bruises.
Common causes for these injuries and illnesses are from:
- Wet floors from leaks, spills, or cleaning,
- Spoiled food,
- Faulty grocery carts,
- Damaged entrance or exit door,
- Cracked pavement(s), or
- Products falling on the floor.
The most recurring cause of an injury in the supermarket is a slip and fall accident. The outcome of the injury may depend on the age of the individual. If an old shopper happens to slip or fall in a supermarket, they may get severely harmed to the point where they could become permanently disabled.
Children and adults may suffer less severe injuries, such as bruises, cuts, or scratches resulting from objects like faulty grocery carts. Children might also fall out of the grocery carts, which may cause injuries if they happen to land on the concrete floor and hit their heads.
Supermarkets must use a duty of care. They must make sure that their property is safe enough for individuals to utilize without there being chances of sustaining injuries. The law primarily dictates that store owners must prevent foreseeable harm from occurring.
An example could be an employee who is cleaning an aisle, but does not put a caution sign up for customers to keep them from falling. This negligent act can result in the customer slipping and falling, potentially harming themselves. Scenarios like this are classified as examples of foreseeable harm.
Overall, you should be compensated for your injuries if:
- You were actually wounded,
- You were injured primarily due to the store’s negligence,
- The supermarket owed you a duty of care,
- The supermarket violated their duty of care through negligence, and
- The supermarket is held liable for damages endured in their premises.
Making a Claim
Once you file a claim with the supermarket’s insurance company, you are required to show proof of the injuries you suffered on their property. If possible, try to gather evidence, such as:
- Witness information. Speak to individuals who saw your injury. If they consent to helping you with your case, ask them for their name(s) and contact information.
- Store incident report. Normally, store managers will file an incident report and send it over to corporate headquarters. The report will indicate the date and time of the accident, along with the victim’s contact information. Request this report from the store manager. They will either agree or disagree. If they disagree, information regarding the incident report may emerge later on anyway.
- Medical records. If you believe your injury requires medical attention, seek medical care immediately. If your injury is not severe enough to require immediate hospitalization and can be properly treated on your own, you can make an appointment with your physician. Your visit will be recorded, along with a report of your physician’s diagnosis.
- Video footage from surveillance cameras. Ask the manager to show you the footage of the incident.
- Photos of the incident. Take photographs of the scene of the accident, along with any injuries or damages to have as visual proof.
- Insurance information. Request the store’s insurance company information. Get the name and address of the corporate office.
- Proof of lost wages. If you happen to miss work to treat your injury, you may ask your employer to provide you with a document indicating your lost wages.
Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries.
A few examples of economic losses include:
- Loss of Earning Capacity
- Medical Bills
- Lost Wages
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. Non-economic damages may include compensation for:
- Emotional Distress
- Pain and Suffering
- Loss of Enjoyment of Life
The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact were only incorporated in 5 percent of all verdicts.
Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.
West Coast Trial Lawyers Is Here to Help
If you were injured in a supermarket and believe that the company should be held liable, you should file a premises liability lawsuit immediately. At West Coast Trial Lawyers, we have experienced premises liability attorneys that are determined to do everything that they can to make sure you get the best results out of your case. Our attorneys will get you maximum compensation for medical care and damages. We offer a free, no obligation consultation at our firm. You do not owe us anything until we settle your case. No financial risks are involved when using our services. Reach out to our legal team 24/7 by calling (213) 927-3700 or emailing [email protected].