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Injured While Shopping? Understanding What Constitutes A Viable Personal Injury Lawsuit

30 November 2020

Dianne Ellis

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: 

• pools of liquid or slippery conditions that create increased risk for slip and fall injuries to occur
• obstacles or barriers that create traffic flow issues that contribute to crowding or difficulties with safe movement through aisles or display areas
• neglected conditions or improper or unsafe construction methods that create potentially dangerous conditions for shoppers 

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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