Whether it's due to winter weather or crowded storefronts, shopping can be a hazardous activity. Shopping at the mall, a big box store, or even the local grocery store can result in a variety of injuries, from minor bumps or bruises to more serious lacerations or falls.
If you or someone you know has recently become injured during a shopping trip, the following information can be helpful in understanding what constitutes a viable personal injury lawsuit and how your experience might compare.
Was negligence involved?
One of the most important components of a successful personal injury lawsuit is the ability to prove that negligence was involved on the part of the establishment where the injured party was shopping. In a retail or business environment, some common situations that could indicate negligence include:
It is important to note that even temporary issues, such as wobbly stacks of display items or the placement of ladders or stocking pallets, may be considered negligence by a court if an injury were to result.
What factors can nullify an injury claim?
Shoppers who become injured in a situation where the establishment made visible and proactive efforts to protect visiting shoppers may find it difficult to win a personal injury lawsuit. For example, a shopper who suffers a fall in an area that was visibly cordoned off for safety reasons might find that the store's attempts to safeguard shoppers could nullify a potential personal injury lawsuit.
When are injuries most worthy of a personal injury claim?
While any injury, even minor ones, could result in filing a personal injury claim, those that result in pain and suffering over a longer period of time may stand a better chance of being successful. Good examples include injuries that will have a long-term impact on the health, comfort, or mobility of the injured party. Additionally, injured parties whose employment or finances will suffer from the injury may find it easier to win a personal injury suit.
The best way to find out if a personal injury lawsuit should be pursued for an injury that you or a loved one suffered while shopping is to discuss your situation with a personal injury lawyer as quickly as possible. For more information, reach our to a local law firm, like Siben & Siben LLP.
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